WRITTEN STATEMENT:ORDER
VII
Filed by the defendant in answer to the claim made by plaintiff
Examine whether the suit is barred under Order II Rule 2 CPC
Check all the material facts and documents, documents must be stamped
Denial of material facts to be done specifically
Verify whether the claim is barred under principles of res judicata
Points to be noted while drafting
Written Statement: Order VIII Rule 1
Defendant needs to reply to each para of the plaint in specific (Dalvir Singh Dhilowal vs.
Kanwaljit Singh 2002 (1) Civil LJ 245
Defendant needs to lay down preliminary objections if any
Objections relating to maintainability of suit, locus standi of plaintiff to file suit, non-joinder
or miss joinder of parties as to the jurisdiction of court or as to limitation must be included
in preliminary objections
In case of any additional facts to be stated by the defendant, they may be added as
additional pleas
Defendant must specifically deal with each allegations which he does not admit, if not done
so, shall be taken as admitted by the court
Even where the defendant has not filed a written statement, he can take part in
the hearing of the suit
The defendant can cross examine the plaintiff’s witness to demolish their version
in examination in chief
But he cannot cross examine the witness on questions of fact, which he himself
has not pleaded
Also, the defendant cannot be allowed to adduce evidence on questions of facts
which he has not pleaded by filing any written statement (Chunni Lal
Chaudhary V Bank Of Baroda 1981 SriL.J411)
Defendant can be allowed to amend the written statement but cannot be allowed
to raise grounds, inconsistent with the original case set up by him in the WS
Where no claim made in defence, no evidence can be looked upon by the court.
In the case of Geeta Rani Paul Vs. Dibyendra Kumar. ( AIR 1991 SC 393),
Hon’ble Supreme Court reversed the decision of Kolkata High Court and held that
High Court fell into error in accepting the appeal on an issue, which was neither
raised nor argued in the written statement before the court below.
AFFIDAVIT
It is a written declaration on oath, which is sworn before a person having authority to
administer on oath
Affidavit must be confined to such facts as the deponent has of his own knowledge to
prove
Affidavits are required for filing judicial proceedings before court or other authorities
Order XIX CPC deals with affidavits in civil courts and section 139 CPC prescribes
authorities who may administer oath to deponent of affidavit
Section 3 of The Oath Act, 1969 provides for oath commissioners
The Stamp Act, 1899 provides for stamp duty to be affixed on affidavits
Furnishing a false affidavit is punishable under sections 236 and 237 of Bharatiya
Nyaya Sanhita, 2023 (Section 199 & 200 IPC)
Points to be noted while
Clear identity of the person drafting
making the affidavit should be mentioned, for
example, full name, father's name, professional status, occupation, and
complete residential address.
Affidavit should be divided into paragraphs and numbered with distinct facts
Affidavit should be confined to matters within personal knowledge of the
declarant
Every person making affidavit should be identified by someone known to him
or maybe by the attorney
The person making the affidavit shall certify the foot of the affidavit, the fact
of making it with the date time and place
Amendment in the affidavit is not permitted, but a supplementary affidavit
can be filed with the leave of the court
The affidavit shall consist of an oath or affirmation at the end- Verification
• Cause title
Model form of Affidavit
“In the court of ………at……..”
Suit/Case No. ……..of……..
In the matter of ………..
• Description of the deponent
Affidavits of …….aged……son of…….. by caste…….by religion………resident of ………
• Oath of affirmation
“I the above named deponent, do hereby swear/solemnly affirm as follows”.
• Recitals
“I, that I am (capacity of deponent) in the above case/matter and therefore fully
acquainted with the facts deposed here below”
• Verification
• Identification of deponent
Application U/S 5 Limitation
Act
According to section 5 of the limitation act, 1963,
any appeal or application may be accepted even
after the limitation period for the same is over, if
the appellant/applicant assures the court that he
had a sufficient cause for not being able to file
the appeal/application during the limitation period
If the court is satisfied, such delay in filing the
appeal/application can be condoned, irrespective of
the party being a state or a private party.
