02/06/2024, 15:02 Written Statement Under Code of Civil Procedure – The Column Of Curae
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Life & Law : Tragedies & Comedies
Written Statement Under Code
of Civil Procedure
I
n simple terms Written statement means reply of the Defendant to the
Plaint filed by the Defendant. The object of providing the time schedule for
filing the written statement under Order VIII, rule 1, Code of Civil
Procedure is to expedite and not to scuttle the hearing. After substitution
for rule 1 of Order VIII by the Code of Civil Procedure (Amendment) Act (22 of
2002) with effect from July 1, 2002, the defendant shall, within 30 days from the
date of service of summons on him, present a written statement of his defence.
The time period of 30 days can be extended to 90 days if the courts give
permission. The written statement should specifically deny the allegations, which
the defendant thinks are false. Any allegation not specifically denied is deemed to
be admitted. The written statement should also contain verification from the
Defendant, stating that, the contents of written statement are true and correct.
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02/06/2024, 15:02 Written Statement Under Code of Civil Procedure – The Column Of Curae
Rough sample of a Written Statement is given below: This sample is not
exhaustive. It is given just to give a fair idea as to how one could start the drafting.
Drafting of Written Statement is very important as a minor mistake can turn
round the case.
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In the court of district judge of Calcutta
Suit no……….of 2018
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their use. suit no………of 2018.
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02/06/2024, 15:02 Written Statement Under Code of Civil Procedure – The Column Of Curae
S/o of Ram Yadav, residing
at 6b Rodon Street,
Ram buliding, kolkata-71.
Vs.
Karan Grover ………..Defendant
S/o of Arjun Grover, residing
at 6c, Rodon Street,
Kamla building, Kolkata-71
WRITTEN STATEMENT FILED BY THE DEFENDANT UNDER ORDER VIII, RULE.1,
CPC
The defendant replies as under :
1. The defendant agrees with the para 1 and 2 of the plaint.
2. The defendant has no knowledge of averments made in para 3 of the plaint.
3. The defendant had a financial crisis which he had informed the plaintiff by a
letter and had continued to pay the interest which the plaintiff had agreed
on.
4. Para 5 is denied.
5. Hence, it is prayed that this Hon’ble court may be pleased to dismiss the suit.
Place……….. (signature of the defendant)
Date………… Advocate
Verification
I, Karan Grover, do hereby solemnly verify that the contents from para 1 to 4 are
correct and true to the best of my knowledge and contents of para 5 are based on
legal advice, which I believe to be correct. Affirmed at Kolkata this day 05th June
2020.
(Signature)
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Defendant
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02/06/2024, 15:02 Written Statement Under Code of Civil Procedure – The Column Of Curae
5th Jun 2020
Civil Law, Study Guide
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