Written Statement in CPC

The Written Statement in the Civil Procedure Code (CPC) is a pivotal element in the legal landscape. It serves as the defendant’s voice, enabling them to respond to the plaintiff’s claims in a structured manner.

This crucial document outlines the defendant’s version of events, affirmations, denials and defences, all essential for a fair and just legal process.

What is a Written Statement?

The Code of Civil Procedure does not provide a clear definition for a ‘written statement.’ In simple terms, it is a written defence statement submitted by the defendant, addressing all the important points raised by the plaintiff in their complaint.

This statement includes objections to the plaintiff’s claims and can also introduce new facts if needed. Think of it as the defendant’s version of events, just as the plaintiff’s complaint represents their side. The rules for the written statement are outlined in Order VIII of the Code of Civil Procedure.

In the written statement, the defendant should present their case succinctly. It should only contain the facts that support their defence, not the evidence to prove those facts.

Pleading of New Facts

Regarding introducing new facts in a Written Statement in CPC, according to Order VIII Rule 2, the defendant can present facts that the plaintiff didn’t mention in their complaint if these facts demonstrate that the lawsuit should not proceed.

However, these facts must be clearly and specifically stated, not in vague or general terms. They should be brought up initially and cannot be introduced at a later stage, such as during an appeal.

Denial of Facts

When it comes to responding to the plaintiff’s claims via Written Statement, the defendant has two options: accepting or denying them. If an allegation is not denied, it is considered accepted. Order VIII Rule 3 of the Code of Civil Procedure emphasises the importance of a clear and specific denial. The defendant cannot simply provide a general denial; they must address each allegation individually.

Furthermore, Order VIII Rule 4 states that an evasive denial or a denial that does not directly address the substance of the claim does not count as a valid denial. For example, if the defendant wishes to dispute the plaintiff’s claim that they received a specific amount of money, they must explicitly deny receiving that amount and specify the alleged amount. An evasive denial will be treated as an admission unless the plaintiff’s complaint is also vague and general.

Who Can File a Written Statement?

A written statement is a document filed by the defendant in a legal case. This document can be submitted by the defendant personally or through an authorised representative, but it cannot be filed by someone who is not directly involved in the legal dispute.

In situations where there are multiple defendants in a case, they can choose to file a single, common written statement signed by all of them. Alternatively, at least one of the defendants, who is knowledgeable about the facts of the case, can verify and submit the written statement on behalf of all the defendants. This allows for a unified response from the defendants in the case.

When Should a Written Statement Be Filed?

Order VIII Rule 1 sets the timeframe for the defendant to submit a written statement. Here’s a breakdown:

Initial Deadline: The defendant must file their written statement within thirty days from when they receive the legal summons.

Extension Possibility: In certain situations, this thirty-day period can be extended, but not beyond ninety days from the date of the court serving the summons. However, any extension must be supported by written reasons.

Commercial Disputes: In commercial disputes, the defendant is still initially given thirty days to file their written statement after receiving the summons. However, the court can extend this period for up to one hundred and twenty days from the date of the summons. Once again, the court must record its reasons for the extension and the defendant may be required to cover any associated costs. If the defendant misses these deadlines, they lose the right to file a written statement.

Late Submission: If the defendant cannot meet the prescribed time frame, they should file the written statement as soon as possible along with an application requesting the court’s permission for the delay. However, this application should have a valid reason for the delay, one that was beyond the defendant’s control. If the court finds the reason acceptable, it will accept the application and proceed with the case; otherwise, it will reject it.

In the case of Mohammed Yusuf v. Faij Mohammad and Ors. (2009), the defendant filed a written statement three years after the prescribed deadline and requested the court to condone the delay. However, the court initially rejected this application. Later, the Allahabad High Court, responding to a writ petition filed by the defendant challenging the rejection, allowed the application. Nevertheless, the Supreme Court disagreed with the High Court’s decision.

The Supreme Court ruled that the High Court should not have intervened because there was no clear failure of justice or a glaring error in the case record. The Supreme Court emphasised that extending the time beyond the initial thirty-day period should not be automatic. Courts should exercise caution and consider whether sufficient and valid reasons exist to justify such an extension. Granting extensions indiscriminately could undermine the pursuit of justice.

In the case of Christian Broadcasting Network Inc. v. CBN News (P) Ltd. (2018), the Delhi High Court ruled that if a defendant fails to file a written statement, the court can invoke Order VIII Rule 10 of the Civil Procedure Code. In this specific case, the plaintiff, a broadcasting services provider, discovered a YouTube channel operated by the defendant that was identical to the plaintiff’s trademark. Despite serving a cease and desist notice, the defendant did not comply. Consequently, the plaintiff initiated a lawsuit. Since the defendant did not submit a written statement, the plaintiff requested a temporary injunction, which the court granted.

In another case, Nagaratnam Pillai v. Kamlathammal A (1945), there was a question about whether Order VIII Rule 10 applies to Order VIII Rule 9. Rule 9 specifies that parties cannot file additional pleadings after submitting a written statement, except for defences related to set-off or counterclaims. It also grants the court the authority to request a written statement or additional written statement from any party and set a deadline not exceeding thirty days for submission. The court ruled that Order VIII Rule 10 relates to Rule 9, confirming the court’s ability to request further written statements and set appropriate time frames.

Consequences of Not Filing a Written Statement

According to Order VIII Rule 10, if a person required to file a written statement fails to do so within the specified or court-permitted time frame, the court has two options:

Granting of Adjournment: The court can decide to grant an adjournment to the defendant, providing additional time to submit the written statement. However, it’s essential to note that Order VII Rule 1 limits the number of adjournments to a maximum of three for each party involved in the lawsuit. If, despite these adjournments, the defendant still does not file the written statement, the court can proceed to the second option.

Pass an Ex Parte Decree: The court has the discretion to issue an ex parte decree against the defendant. This step is not mandatory and is typically avoided initially. However, if the defendant repeatedly fails to file a written statement even after multiple adjournments, the court can choose to issue an ex parte decree against the defendant.

Appeal and Revision

In terms of appeal and revision in legal proceedings:

• Order VIII Rule 10 states that a decree will be issued following a judgment. After this decree, an appeal can be filed under Section 96 of the Civil Procedure Code.
• Section 115 of the CPC grants the High Court the authority to review or adjudicate upon such a decree through a process called revision.
• It’s important to note that when a decree is appealable, meaning it can be challenged through an appeal, the aggrieved party cannot simultaneously apply for revision. The choice typically lies between pursuing an appeal or seeking revision, depending on the circumstances.

Inherent Powers of the Court

Regarding the inherent powers of the court:

• Section 151 of the CPC defines the inherent powers of the court.
• This section establishes that no provision within the Code can act as a limitation on the court’s authority to issue orders in the interest of justice or to prevent any misuse or abuse of the court’s powers.
• In essence, Section 151 empowers the court to take necessary actions, even if not explicitly provided for in the CPC, to uphold justice and prevent any misuse of its processes.

Time Limit for Filing Written Statement

Order VIII Rule 1 states that the defendant must file a written statement within 30 days from the date they receive the summons. However, an amendment in 2002 added a proviso to this rule. According to this proviso, if the defendant fails to file the written statement within the initial 30 days, they still have the opportunity to file it within a maximum of 90 days from the date of receiving the summons.

Amendment to Written Statements

In the case of Usha Balasahed Swami v. Kiran Appaso Swami (2007) 5 SCC 602, the Supreme Court provided a crucial clarification regarding amendments to plaints and written statements in legal proceedings. While the general rule restricts amendments that substitute a cause of action or alter the nature of the claim in plaints, this rule does not apply to written statements.

In other words, amendments to a written statement, such as adding new defences or changing existing ones, including contradictory pleas, are generally acceptable. However, the same level of flexibility may not be extended to amendments in the plaint.

The Court emphasised that a more liberal approach should be taken when allowing amendments to written statements, as the potential for prejudice is higher in the case of the plaint. This decision is in line with the principle that a defendant can take contrary or even contradictory stands in their written statement without affecting their cause of action or causing prejudice.

In Baldev Singh v. Manohar Singh (2006) 6 SCC 498, the Court also recognised some similarities between amending plaints and written statements. However, it underscored that the rule preventing the plaintiff from amending their pleading in ways that materially alter or change the nature of their cause of action does not necessarily apply to amendments of written statements. This legal distinction is vital in maintaining fairness and balance in the legal process.

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 this time frame should not exceed thirty days.

It’s important to note that simply because an amendment appears inconsistent with the defendant’s previous statements is not a valid reason to reject the defendant’s request for an amendment. Generally, in such cases, the court allows amendments or the filing of additional written statements unless the party seeking the amendment is acting in bad faith or if their mistake has caused significant harm to the other party, which cannot be rectified by awarding costs.

In cases where the omission resulted from negligence, carelessness, or accidental error, the court may allow the defect to be corrected as long as it does not result in unfairness to the other party.

Right to File Written Statement Closed Remedy

In a case before the Punjab and Haryana High Court in Beant Singh v. Dilbagh Singh, a defendant was permitted to submit a written statement in a civil suit even after the 90-day statutory period had expired. The lawsuit was initiated against the defendant on 08-09-2017. The defendant made his first appearance in court on 29-11-2017 and the court adjourned the matter to 08-01-2018 for the defendant to file the written statement.

However, no written statement was filed on that date and the court granted another adjournment until 19-02-2018. Despite this final opportunity, the defendant still failed to file the written statement within the statutory 90-day period, leading to the striking off of his defence.

The defendant appealed this decision and the High Court considered that the defendant had indeed been given two opportunities to file the written statement after his initial appearance in court. However, the Court believed that even if the defendant had been negligent in pursuing his case and failed to submit the written statement despite the last chance provided, he would have suffered significant harm and loss if not granted one more opportunity.

Recognising this, the Court set aside the previous order and allowed the defendant to file the written statement on the next scheduled hearing date in the trial court. It was also emphasized that if the defendant defaulted in filing the written statement even on that date, his defence would be considered struck off.

Conclusion

A written statement is a document in a legal case where the defendant, the person being sued, responds to the claims made by the plaintiff, the person who filed the lawsuit. It’s like telling their side of the story in writing. In the written statement, the defendant can admit or deny the plaintiff’s allegations and explain their defences. They may also include any counterclaims if they have a case against the plaintiff. It’s an essential part of the legal process that helps both sides present their arguments to the court, allowing the judge to make a fair decision in the case.