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Here are the key components typically found in a written statement format according to the CPC: Title: The title should clearly state that it is a “Written Statement” filed under the CPC. It should also include the case number and the names of the parties involved.

Additional Written Statement under Order 8 Rule 9 of CPC. Order 8 Rule 9 of the Civil Procedure Code, which was omitted by the CPC (Amendment) Act, 1999, has been reinstated by the CPC (Amendment) Act, 2002. This change introduced a fixed time period for subsequent pleadings. Now, the court must set a time for presenting these pleadings and ...

As per Rule 10 of Order 8 of CPC where any party from whom a written statement is required under Rule 1 or Rule 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 order in relation to the suit as it thinks fit and on the pronouncement of ...

This article is written by Adhila Muhammed Arif, a student at Government Law College, Thiruvananthapuram. This article elucidates the provisions in Order 8, Rule 10 of the Code of Civil Procedure, 1908, which is concerned with the consequences of not filing a written statement. It has been published by Rachit Garg. Introduction The Code of […]

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 ...

(a) If a written statement is presented , annex the list to the written statement : provided the where the defendant, in his written statement, claims a set-off or counter claim based on a document in his possession or power, he shall produce it in a court at the time of presentation of the written statement and shall at the same time deliver ...

Format of a Written Statement Important points to remember- Written Statement is the response given by the defendant/respondent in a Civil Suit.Format of a Written Statement is governed by Order VI (Pleading) and Order VIII (Written Statement) CPC.

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 ...

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.

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 -

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. (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 ...

In written statement defendant can specifically deny the allegations made in the plaint by the plaintiff against him. Besides this, he also can claim to set-off any sums of money payable by the plaintiff to him as a counter defence (Order 8 Rule 6). Further, if the defendant has any claim against the plaintiff relating to any matter in the issue raised in the plaint, then he can separately ...

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

Format of a Written Statement Important points to remember-Written Statement is the response given by the defendant/respondent in a Civil Suit.Format of a Written Statement is governed by Order VI (Pleading) and Order VIII (Written Statement) CPC. ... APPLICATION UNDER ORDER 37 RULE 1, C. P. C. — SUIT FOR RECOVERY OF AMOUNT BASED ON A ...

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.

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.

Under the Code of Civil Procedure (CPC), the plaint and written statement are important components of the pleading process in civil cases. Plaint under CPC A plaint is a document filed by the plaintiff (the party initiating the lawsuit) to commence a civil case. Essential Elements of Plaint: Written Statement under CPC A written statement […]

It’s essential to be diligent, timely, and accurate in filing your written statement as per the court’s guidelines and deadlines. Conclusion: In conclusion, the process of filing a written statement as per Order 8, Rule 1 of the CPC is a crucial aspect of defending oneself in a civil lawsuit. By carefully studying the plaintiff’s plaint ...

Few people are aware of the uses of written statements, cases, plaints in our legal system, which is modeled after that of the United States. The CPC, 1908 covers plaint and written statement in Orders VII and VIII, respectively.. The Civil Procedure Code, known as the CPC, is a procedural law that specifies the process for civil proceedings.