Written Statement in CPC | Civil Law for Judiciary Exams PDF Download

Introduction

• The Written Statement in the Civil Procedure Code (CPC) is a crucial component in the legal framework. It acts as the defendant's formal response, allowing them to address the plaintiff's allegations in a structured manner.
• This essential document outlines the defendant's version of events, affirmations, denials, and defenses, all of which are fundamental for ensuring a fair and just legal process.

Understanding a Written Statement

• While the Code of Civil Procedure does not offer a precise definition of a 'written statement,' it can be described as a formal document submitted by the defendant in response to the plaintiff's complaint. It addresses the key points raised by the plaintiff and includes objections to their claims.
• The written statement allows the defendant to introduce new facts that support their defense, if necessary. This statement essentially presents the defendant's perspective, much like the plaintiff's complaint represents their side. The guidelines for the written statement are delineated in Order VIII of the Code of Civil Procedure.

Introducing New Facts

• According to Order VIII Rule 2, the defendant can introduce new facts in the written statement that were not mentioned by the plaintiff. These facts should demonstrate why the lawsuit should not proceed. 
• It is crucial that these new facts are clearly and specifically stated, rather than being vague or general. Additionally, these facts must be presented at the outset and cannot be introduced at a later stage, such as during an appeal.

Denying Allegations

• When responding to the plaintiff's claims through a written statement, the defendant has the option to either accept or deny them. A clear and specific denial is emphasized in Order VIII Rule 3 of the Code of Civil Procedure. The defendant must address each allegation individually and cannot provide a generic denial. 
• An evasive denial or one that does not directly counter the substance of the claim is not considered valid. For instance, if the defendant disputes a specific claim made by the plaintiff, they must explicitly deny receiving that amount and specify the alleged amount. Failure to provide a specific denial may result in the allegation being considered accepted.

Who is Eligible to Submit a Written Statement?

• A written statement is a crucial document that the defendant can present in a legal case.
• The defendant themselves or an authorized representative can file this document.
• It's important to note that individuals not directly involved in the legal dispute cannot submit a written statement.
• In cases involving multiple defendants, they have the option to submit a joint written statement, signed collectively.
• Alternatively, one of the defendants, possessing a good understanding of the case's facts, can validate and lodge the written statement on behalf of all defendants.
• This process ensures a cohesive and unified response from all defendants involved.

When to Submit a Written Statement

• Initial Deadline: According to Order VIII Rule 1, the defendant must file their written statement within thirty days of receiving the legal summons.
• Extension Possibility: In certain cases, the court may extend this period up to ninety days from the date of the court serving the summons, provided valid reasons are provided in writing.
• Commercial Disputes: In commercial disputes, the defendant has thirty days to respond initially, with the possibility of an extension up to one hundred and twenty days, based on court discretion and reasons recorded. Failure to meet these deadlines forfeits the right to file a written statement.
• Late Submission: If unable to meet the deadline, the defendant should file the statement promptly with a valid reason for the delay beyond their control. The court may accept or reject the application based on the reason provided.

Legal Precedents and Court Decisions

• Mohammed Yusuf v. Faij Mohammad and Ors. (2009): In this case, a delay of three years in filing a written statement was initially rejected by the court, highlighting the importance of timely submissions.
• Christian Broadcasting Network Inc. v. CBN News (P) Ltd. (2018): The court granted a temporary injunction due to the defendant's failure to submit a written statement after the plaintiff's trademark infringement claims.

Interpretation of Civil Procedure Code Rules

• Nagaratnam Pillai v. Kamlathammal A (1945)
  • This case clarified that Order VIII Rule 10 is connected to Rule 9, emphasizing the court's authority to request additional written statements within specified time frames.
• Consequences of Failure to Submit a Written Statement
  • As per Order VIII Rule 10, when a person fails to submit a written statement within the given timeframe, the court has two choices:
• Granting of Adjournment
  • The court may decide to grant an adjournment to the defendant, allowing more time for the submission of the written statement.
  • Order VII Rule 1 restricts the number of adjournments to a maximum of three for each party involved in the legal proceedings.
  • For instance, if a defendant fails to file a written statement even after multiple adjournments, the court can proceed to the next step.
• Issuing an Ex Parte Decree
  • The court has the authority to issue an ex parte decree against the defendant if they persistently neglect to file a written statement.
  • This measure is not obligatory and is generally avoided initially as a goodwill gesture towards the defendant.
  • However, if the defendant continues to default on submitting the written statement, the court may opt for an ex parte decree.

Understanding Appeal and Revision in Legal Proceedings

• Decree and Appeal Process: According to Order VIII Rule 10, a decree is issued subsequent to a judgment in legal proceedings. Once a decree is in place, the concerned party can file an appeal as per Section 96 of the Civil Procedure Code.
• High Court's Review Authority: Section 115 of the CPC empowers the High Court to review or adjudicate on a decree through a process known as revision. This allows the High Court to reassess the decree's legality or correctness.
• Appeal vs. Revision: It is crucial to understand that when a decree is appealable, meaning it can be contested through an appeal, the aggrieved party is generally required to choose between filing an appeal or applying for revision. This decision hinges on the specific circumstances surrounding the case.

Let's delve deeper into each point to grasp the nuances of appeal and revision in legal contexts.

Decree and Appeal Process

• Decree Issuance: A decree is a formal expression of a judgment or decision in a legal proceeding, typically issued by a court post the judgment.
• Appeal Filing: After the decree is pronounced, the party dissatisfied with the judgment can initiate the appeal process under Section 96 of the Civil Procedure Code.

High Court's Review Authority

• Revision Process: Section 115 of the CPC grants the High Court the power to review or re-examine a decree through a process known as revision, ensuring the decree's correctness and legality.

Appeal vs. Revision

• Decision Dilemma: When a decree is challengeable through an appeal, the affected party must decide between pursuing an appeal or opting for revision, based on the circumstances surrounding the case.

For instance, imagine a scenario where a lower court issues a decree in a property dispute case. The plaintiff, dissatisfied with the judgment, has the option to either file an appeal against the decree or seek revision from the High Court. The choice between appeal and revision depends on factors like the complexity of the case, the available evidence, and the desired outcome.

Inherent Powers of the Court

• Section 151 of the Civil Procedure Code (CPC) defines the inherent powers of the court.
• This provision establishes that the court's authority to issue orders in the interest of justice or to prevent misuse or abuse of its powers is not restricted by any specific Code provision.
• Essentially, Section 151 empowers the court to take necessary actions, even if not explicitly stated in the CPC, to maintain justice and prevent the misuse of its processes.

Let's break down what this means in simpler terms:

• Definition of Inherent Powers: These are the powers that courts possess to ensure that justice is served, even when not explicitly laid out in written laws.
• Scope of Court's Authority: The court can issue orders that serve the cause of justice or prevent any wrongful use of its powers, regardless of what is specifically mentioned in the law.
• Examples of Inherent Powers:
  • If a situation arises where a specific legal provision is silent, the court can still act to uphold justice.
  • For instance, in cases where a party is trying to abuse the legal process, the court can intervene using its inherent powers to stop such misuse.

Understanding the inherent powers of the court is crucial as it ensures that the judicial system can adapt to unforeseen circumstances and maintain fairness in legal proceedings.

Time Limit for Filing Written Statement

• General Timeframe: According to Order VIII Rule 1, when a defendant receives a summons, they are required to submit a written statement within 30 days.
• Extension Provision: An amendment in 2002 introduced a provision that allows defendants who miss the initial 30-day deadline to file their written statement within a maximum of 90 days after receiving the summons.
• Opportunity for Delayed Submission: If the defendant fails to meet the initial 30-day deadline, they are granted an extended window of 90 days to submit their written statement.
• Legal Requirement: It is crucial for defendants to adhere to these timelines to ensure their legal standing and participation in the legal proceedings.

Understanding Amendments to Written Statements in Legal Proceedings

General Rule on Amendments

• Amendments to written statements are more flexible compared to amendments to plaints in legal proceedings.
• While amendments that substitute a cause of action or alter the claim in plaints are restricted, the same restrictions do not typically apply to written statements.

Liberal Approach to Written Statements

• Written statements can be amended to include new defenses, modify existing ones, or even present contradictory pleas without facing the same limitations as plaints.
• The court emphasizes a more lenient stance towards amendments to written statements due to the higher potential for prejudice in plaint amendments.
• Defendants are allowed to take different or even conflicting positions in their written statements without jeopardizing their cause of action or causing bias.

Legal Precedents and Clarifications

• Usha Balasahed Swami v. Kiran Appaso Swami (2007) 5 SCC 602: The Supreme Court's decision highlighted the distinction between amending plaints and written statements, advocating for a more flexible approach towards the latter.
• Baldev Singh v. Manohar Singh (2006) 6 SCC 498: Recognizing similarities between amending plaints and written statements, the court stressed the importance of maintaining fairness and balance by allowing greater leeway in written statement amendments.

Understanding Order 8 Rule 9 of CPC

• Order 8 Rule 9 of the Civil Procedure Code underwent changes through the CPC (Amendment) Acts of 1999 and 2002.
• The 2002 amendment reinstated a fixed time period for subsequent pleadings, not exceeding thirty days, set by the court.
• Merely being inconsistent with earlier statements doesn't warrant rejection of a request for amendment, unless bad faith or significant harm is caused to the other party.
• Amendments are generally allowed in cases of negligence, carelessness, or accidental errors, provided they do not lead to unfairness to the other party.
• Courts may permit corrections for omissions that do not prejudice the other party.

Explanation:

• Order 8 Rule 9 of the Civil Procedure Code saw modifications over time.
• The 2002 amendment specifically introduced a time limit of thirty days for submitting subsequent pleadings, as directed by the court.
• Requests for amendments are typically granted unless they are made in bad faith or result in significant harm to the opposing party.
• For oversights due to negligence or accidental errors, corrections are usually permitted as long as they do not disadvantage the other party.

Examples:

• For instance, if a defendant realizes an error in their initial statement, they can usually request an amendment within the stipulated time frame.
• If a party unintentionally excludes crucial information, such as a date or a specific detail, the court may allow them to rectify the mistake.

Right to File Written Statement Closed Remedy

Case Background

• In the case of Beant Singh v. Dilbagh Singh in the Punjab and Haryana High Court, a defendant was allowed to submit a written statement in a civil suit even after the 90-day statutory period had lapsed.

Timeline of Events

• The lawsuit against the defendant was initiated on 08-09-2017.
• The defendant appeared in court for the first time on 29-11-2017, and the court set a deadline of 08-01-2018 for filing the written statement.
• Despite multiple adjournments, the defendant failed to submit the written statement within the 90-day period, resulting in the striking off of his defense.

High Court Decision

• The defendant appealed the decision, and the High Court acknowledged that he had been given multiple chances to file the written statement.
• Even though the defendant was negligent in pursuing his case, the Court recognized the potential harm and loss he would suffer if not granted another opportunity.
• The Court overturned the previous order and allowed the defendant to file the written statement at the next trial court hearing.
• It was emphasized that failure to submit the written statement on that date would result in the defense being struck off.

Conclusion

• A written statement is a document in a legal case where the defendant responds to the claims made by the plaintiff. It is an opportunity for the defendant to present their side of the story in writing.
• In the written statement, the defendant can either admit or deny the allegations made by the plaintiff and provide explanations for their defenses.
• The defendant may also include any counterclaims if they believe they have a case against the plaintiff.
• This document is crucial in the legal process as it allows both parties to present their arguments to the court, enabling the judge to make a fair decision in the case.