In Indian civil litigation, the written statement is a crucial document where the defendant responds to the plaintiff's allegations. Order VIII of the Code of Civil Procedure (CPC) outlines the procedures and requirements for filing a written statement. Understanding these provisions is essential for law students and legal practitioners. DEFINITION AND PURPOSE OF WRITTEN STATEMENT
Order VIII deals with rules relating to written statement. The term written statement has not been defined in the Code. However, it means the pleadings of the defendant wherein defendant deals with the facts alleged in the plaint. In it, he also pleads new facts and set up counter claim and set-off. ... Section 151 of the CPC lays down the ...
In the context of the Code of Civil Procedure (CPC), a written statement is a formal legal document filed by the defendant in response to a plaintiff’s complaint or petition. This document serves to outline the defendant’s defences, denials and counterclaims, if any. ... That the suit is barred by Section 14 of the Specific Relief Act as ...
This article on ‘Written Statement under CPC, 1908: All you need to know‘ was written by an intern at Legal Upanishad. Introduction. This article focuses on what a written statement is, who can file a written statement and the legal provisions related to it. First, we should have information about what is a written statement.
Rule 6: Particulars of set-off to be given in written statement.— (1) Where in a suit for the recovery of money the defendant claims to set-off against the plaintiff’s demand any ascertained sum of money legally recoverable by him from the plaintiff, not exceeding the pecuniary limits of the jurisdiction of the Court, and both parties fill the same character as they fill in the plaintiff ...
Written statement Order 8 of CPC, meaning, rules, particulars, time limit etc. October 13,2023. This article is written by Adv. Simran Acharya and this article is focus on what do you mean by written statement, and who may file written statement and what are defenses in the written statement. And along with what is the time limit for filing a written statement.
ORDER VIII of CIVIL PROCEDURE CODE (CPC) – WRITTEN STATEMENT, SET-OFF AND COUNTER-CLAIM 1. Written statement. (1) The defendant shall, at or before the first hearing or within such time as the Court may permit, present a written statement of his defence. (2) Save as otherwise provided in rule 8A, where the defendant relies on any document (whether or not in his possession or power) in ...
Provided that where the defendant, in his written statement, claims a set-off or makes a counter-claim based on a document in his possession or power, he shall produce it in Court at the time of presentation of the written statement and shall at the same time deliver the document or copy thereof to be filed with the written statement; .
The provision under ORDER VI i.e. pleading. The pleading is defined under rule 1 of Order VI, which says the pleading means plaint and written statement and certain rules of Order VI are relevant while considering Order VIII those rules are R2, R4, R6-8 and R13 of CPC. The written statement should comply with the general rules of pleading.
A written statement ordinarily means a reply to the plaint filed by the plaintiff. It is the pleading of the defendant. Order 8 of the Code of Civil Procedure, 1908 (CPC) contains provisions in relation to written statement. Written Statement. Rule 1 of Order 8 deals with written statement. It states that -
Order VIII of CPC deals with written statements. Conclusion. With this, we can finally conclude by saying that in today’s time, disputes regarding property, family or personal affairs, etc., have risen, and so has the need to have knowledge as a lawyer of how one can institute the suit or put claims before the court. Therefore, one must be ...
Written Statement under CPC. A written statement is a document filed by the defendant in response to the plaint. It contains the defendant’s version of the facts and defenses against the claims made by the plaintiff. ... Appearance of Parties Order of Appearance: Section 132 of the CPC states that parties to a suit should appear in the court ...
the other for the plaintiff). In most cases, there should be no difficulty in presenting such a written statement on the date fixed, and no adjournment should be given for the purpose except for good cause shown, and in proper cases, costs Costs Subject to any written law, costs are at the discretion of the Court, and the Court has the power to determine all issues relating to the costs of or ...
This article is written by Adarsh Anand Amola of 7th Trimester of IIM Rohtak, an intern under Legal Vidhiya Abstract This article explores two essential components of civil litigation - the "Plaint" and the "Written Statement." The "Plaint" is the initial statement of claim that initiates a lawsuit, encompassing various legal requirements. In contrast, the
Order VIII of CPC contains provisions in relation to the written statement. Rule 3 of Order VIII of CPC: This rule deals with the denial to be specific. It states that it shall not be sufficient for a defendant in his written statement to deny generally the grounds alleged by the plaintiff, but the defendant must deal specifically with each ...
