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 -
The expression . “Written Statement” has not been defined in this code.. It is a term of specific meaning ordinarily signifying a reply to the plaint filed by the plaintiff. In other words, it is the pleading of the defendant wherein he deals with the material fact alleged by the plaintiff in his plaint and also states any new fact in his favour or takes legal objections against the claim ...
Learn how to write a written statement under the CPC, a formal legal document filed by the defendant in response to a plaintiff's complaint. See the components, sample format and legal citations of a written statement.
A plaint is a legal document which contains the written statement of the plaintiff's claim. A plaint is the first step towards the initiation of a suit. ... So far as equitable set-off is concerned it is provided in Order XX, Rule 19(3), C.P.C., which states that: The provisions of this rule (relating to a decree for set-off or counter-claim ...
Therefore, one must be aware of the terms such as plaint or written statement under CPC. About the Author: Kakoli Nath | 275 Post(s) She is a Legal Content Manager (Also a Patent Analyst) at Finology Legal! With Masters in Intellectual Property Rights (IPR) & Corporate Law (Pursuing). Her field of expertise is in IPR, Corporate Law and Criminal ...
ORDER VIII of CIVIL PROCEDURE CODE (CPC) – WRITTEN STATEMENT, SET-OFF AND COUNTER-CLAIM 1. Written statement. ... Where any party from whom a written statement is required under rule 1 or 9 fails to present the same within the time permitted or fixed by the Court, as the case may be, the Court shall pronounce judgment against him or make such ...
AMENDMENT OF WRITTEN STATEMENT. The defendant may seek to amend the written statement under Order VI Rule 17 of the CPC. The court has the discretion to allow such amendments if they are necessary for determining the real questions in controversy. However, the amendment should not introduce a completely new and inconsistent case.
Nanhku, (2005) 4 SCC 480: “….In spite of the time-limit appointed by Rule 1 having expired, the court is not powerless to permit a written statement being filed if the court may require such written statement. Under Rule 10, the court need not necessarily pronounce judgment against the defendant who failed to file written statement 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.
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
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; .
Pleadings means a written statement or plaint, forming the backbone of every suit. A plaintiff pleading in his plaint would be a statement under which he sets out his cause of action, inclusive of all relevant particulars. Pleadings need to be properly drafted with clear and concise language so as to avoid any ambiguity.
Replications—When the defendant has filed a written statement, the Court may call upon the plaintiff to file a written statement in reply.Under Order VIII, Rule 9, the Court has power to call upon both parties to file written statements at any time and this power should be freely sued for elucidating the pleas when necessary, especially in complicated cases.
Provisions That Are Connected Along With The Written Statement Under Order Viii Cpc, 1908: 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 ...
Order 8 of the Civil Procedure Code provides guidelines on Defendant’s Written Statement and Setoff. Basically, a written statement is the written answer in which the defendant presents its facts and arguments to accept or reject the plaintiff’s claim. Key points of CPC Order 8: Written statement: Under Order 8, the defendant has the option ...
A written statement made in response to a counter-claim shall be enforced by the rules relating to a Written Statement by the defendant. Elements of the Written Statement Format under CPC. A written statement is a crucial part of a civil suit. It enables the defendant to take a proper defense, against the allegations of the suit.
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. Key Elements of a Written Statement: Response to allegations: The defendant responds to each of the material facts stated in ...
There is no particular definition described of a written statement under CPC. We can say that a written statement is the primary defense given by the defendant in response to the plaintiff’s suit. A written statement is also included in a pleading. In this way, a written statement is also treated as a pleading that the defendant gives in ...
