Written Statement

A written statement is the defendant's formal written response to the plaintiff's plaint — the pleading in which the defendant sets out their defences, denials, and affirmative claims against the plaintiff's cause of action. It is the second major pleading in a civil suit (after the plaint) and the principal instrument through which the defendant contests the plaintiff's case and raises their own version of events, defences, counter-claims, and set-offs. The scope of the defendant's defence at trial is generally limited to what is raised in the written statement.

Order VIII of the CPC governs the written statement. The defendant must file the written statement within 30 days of the service of summons — extendable to 90 days in ordinary civil courts, and to 120 days for commercial suits under the Commercial Courts Act, 2015 (after which the right to file is forfeited without special leave). The written statement must specifically deny or admit each allegation in the plaint: a general denial is not sufficient for specific facts; a fact not denied is deemed to be admitted. The defendant must raise all defences in the written statement — a defence not raised in the written statement generally cannot be raised at trial.

The written statement must contain: (1) specific denials of each allegation in the plaint that is not admitted; (2) admissions of allegations that the defendant does not contest; (3) all defences available — limitation, res judicata, lack of jurisdiction, fraud, payment, performance, release, etc.; (4) set-off claims (Order VIII Rule 6) for ascertained amounts owed by the plaintiff to the defendant; and (5) counter-claims (Order VIII Rule 6A) for independent causes of action that the defendant has against the plaintiff and wishes to litigate in the same proceeding.

The consequences of not filing a written statement are significant. The court may pronounce judgment against the defendant on the basis of the plaint's allegations alone, in the absence of any defence. However, this is not automatic — the court may still require the plaintiff to prove the necessary facts before passing a decree. The lack of a written statement removes the defendant's ability to contest facts alleged in the plaint, but it does not automatically make all allegations proved beyond dispute.

For advocates drafting written statements, the critical discipline is thorough and specific engagement with every allegation in the plaint. A vague or general written statement that fails to specifically deny material allegations leaves those allegations as effectively admitted. The written statement should also affirmatively plead all available defences — limitation (the suit is time-barred), payment (the debt has been repaid), accord and satisfaction, estoppel — because defences not pleaded cannot be raised at trial. Timely filing within the mandatory period is equally critical — delay beyond 90 days in ordinary civil courts forfeits the right.