Written Statement

✍️ Short Notes on Written Statement in Civil Procedure Code & Limitation Act

1. Meaning of Written Statement

A Written Statement is the formal reply filed by the defendant in response to the plaintiff’s plaint. It contains the defendant’s version of facts, admissions, denials, and legal defenses.

2. Relevant Provisions under CPC

• Order VIII Rule 1 of the Civil Procedure Code, 1908 – Provides the procedure for filing a written statement.
• Order VIII Rule 3-5 – Lay down the rules regarding specific denials and admissions.
• Rule 10 – Consequences of failure to file a written statement within the prescribed time.

3. Time Limit for Filing Written Statement

• Normally within 30 days from the date of service of summons.
• Extension can be granted up to a maximum of 120 days (in commercial suits – mandatory limit).
• Beyond 120 days – Defendant forfeits the right to file the written statement (as per amendments and judicial interpretation).

4. Contents of Written Statement

• Para-wise reply to the plaint
• Admissions or denials
• Legal defenses
• Counter-claim or set-off, if any
• Verification by the defendant

5. Limitation Act, 1963 and Written Statement

The Limitation Act does not separately prescribe a limitation period for filing a written statement, but:

• Time limits are governed by procedural law (CPC).
• However, failure to file within the prescribed time may lead to forfeiture of the right to defend.
• The Commercial Courts Act, 2015 has made 120 days mandatory for commercial disputes.

✅ Note:

A written statement is a critical defense document. Delay in filing may be fatal, especially in commercial litigation, where courts strictly enforce timelines.