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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. ... the Court believed that even if the defendant had been negligent in pursuing his case and failed to submit the written statement ...

Research based on Written Submissions under CPC-The Order XVIII Rule 2(3A) of the Code of Civil Procedure, 1908 (CPC) recognizes submission of such written arguments. The provision is in force since 2002. The provision says any party can address oral arguments in a case and before he concludes the oral arguments shall submit the written arguments i Written Submissions in support of his case to ...

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 -

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 […]

The Order XVIII Rule 2(3A) of the Code of Civil Procedure, 1908 (CPC) recognizes submission of such written arguments. The provision is in force since 2002. The provision says any party can address oral arguments in a case and before he concludes the oral arguments shall submit the written arguments in support of his case to the court, if the ...

Under CPC Order-6 Rule-8 - you can submit written arguments in lieu of oral arguments and also can submit both if need be there and granted by Hon'ble Court. Also for detail study of written and oral pleadings refer Mogha's "Law of Pleadings in India" p.6 to 13 Chapter-Pleadings Generaly - wherein you can find different citations arrived by Hon ...

Code of Civil Procedure (CPC): In civil proceedings, the CPC provides for the submission of written arguments under Order XVIII, Rule 2(3A), which allows parties to submit written arguments within 15 days from the date of completion of evidence. This rule aims to streamline the presentation of arguments and facilitate a more efficient ...

The non-service of notice under Section 80 of the CPC [8] may be one such defect. The Supreme Court, ... states that if the defendant fails to submit a written statement within 30 days of receiving the summons, the outer time limit for filing the written statement is 90 days from the date of service of the summons. The Supreme Court, in the ...

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.

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.

Union of India - Section Section 12 in The Code Of Civil Procedure (Amendment) Act, 2002 12. Amendment of Order XVIII.-In the First Schedule, in Order XVIII,-(a) in rule 2, after sub- rule (3), the following sub- rules shall be inserted, namely:-Any party may address oral arguments in a case, and shall, before he concludes the oral arguments, if any, submit if the Court so permits concisely ...

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 ...

Oral & Written Submissions - Free download as Word Doc (.doc / .docx), PDF File (.pdf), Text File (.txt) or read online for free. The document discusses provisions related to oral and written submissions in civil procedure and case laws. It outlines rules regarding: 1) no new grounds or inconsistent facts can be raised in pleadings except by amendment; 2) the court can make orders based on ...

Here is a basic written statement format you can follow. What is a Written Statement? 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 ...

Arnav Kashyap, Symbiosis Law School, PuneABSTRACTOrder VIII of the Code of Civil Procedure deals with a written statement submitted by the defendant while dealing with a plea by the petitioner. This paper takes an intricate look into the proceedings of Order VIII, Rule 1 of the CPC, and an analytical view of its drafting structure in India and other foreign countries. It tackles the rule's ...

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. In

In an significant order in the case of Priya Communication v. Tata Capital (REVIEW PETITION (L) NO. 5868 OF 2021), the Bombay High Court has held that the failure of the counsel in pressing the grounds in the written submission cannot be ground for review petition under the Code of Civil Procedure, 1908 [CPC].

Further, according to Order 8 Rule 1A, it is the duty of the defendant to produce documents upon which he claims relief or relies upon.. Time Limit for Filing Written Statement. According to Order 8 Rule 1 of CPC, the defendant must file the written statement within 30 days from the date of service of summons to the defendant.. The Amendment Act of 2002 inserted a proviso to Order 8 Rule 1 ...

Written Arguments: These are formal submissions made to the court that outline the legal reasoning and evidence supporting a party''s position. They are typically submitted with the court''s permission and are intended to supplement oral arguments. ... (CPC): Under Order XVIII, Rules 3(A) to 3(D), written arguments can be submitted before the ...