What is Written Statement and time limitation under CpC?
Written statement is a document which given by the defendant against plaint. The Code of Civil Procedure CPC provided the rules of written statement. Order 8 of the CPC provides step by step of written statement and set-off.
Accourding to Order 8, Rule 1 The defendant shall within thirty working days from the date of service of summons upon him, save as provided in the proviso to sub-section (2) of section 80, present a written statement of his defenc
Which facts must be pleaded on written statement?
Under Rule 2 of the Order 8 New facts must be specially pleaded. The defendant must raise by his pleading all matters which show the suit not to be maintanable,
or that the transaction is either void or voidable in point of Law, and all such grounds of defence as, if not raised, would be likely to take the opposite party by surprise,
or would raise issues of fact not arising out of the plaint, as, for instance, fraud, limitation, release, payment, performance, or facts showing illegality. Under Rule 3 Denial to be specific.
And after all the more rules are here to written statement on behalf of defendant.
Particulars of a written statement for filing
- written statement
- Firisti form with all supporting documents with date.
- A Copy of written statement for each plaintiff.
- Vokalat Nama.
Rules of Pleadings of Written Statement
- a) defendant must raise specifically about the maintainability of the suit or the transaction is void or voidable in point of Law.
- b) Defendant must deny all pleadings, which he does not admit specifically- he must not deny allegations of fact evasively and answer the point of substance.
- c) In a suit for recovery of money, the defendant may claim set off against the plaintiff, demand of any ascertained sum of money legally recoverable not exceeding the pecuniary limits of the Court- Where the defendant relies upon several distinct grounds of set off founded upon separate and distinct facts, they shall be stated separately.
Fomat of a Written Statement in Family Suit
IN THE COURT OF 1ST ASSISTANT JUDGE AND FAMILY COURT,
Family Suit No : 25 of 2019
- Versus –
Written Statement on behalf of the Defendant
The above named Defendant most respectfully state as
- That the Defendant (Mrs. Rumi) denies the suit as the suit is totally false and vexatious in nature.
- That the claim of Plaintiff is baseless and so the suit is no more maintainable and should be dismissed.
- That the suit is not maintainable under the present law and also barred by the law of limitation.
- That the suit is barred by jurisdiction.
- That the suit is bad for non-joinder of two other necessary parties; one is his father and another is cousin.
- That the defendant denies para (A) of the plaint as the plaintiff has drawn. The plaintiff excuse in not true; and actually the plaintiff made her bound to do that.
- That the defendant denies para (C) and (D) of the plaint. Tried to bring back to the family, But failed is not true and has not maintaining cost.
- The actual fact of the suit is as follows :
- That on the 18th January 2017, the plaintiff came to his house with an unknown girl at night 11 pm. When the defendant for bad her husband to live together with unknown girl then the plaintiff became very angry and tortured his wife. At last, he sent off her with their son from his house at 11.30 at night.
- That the Plaintiff is not a man of good in chracter. Every night be used to come to his house with druken and often with different girl and also tortured the defendant.
- That the plaintiff is not able to maintain their family. The defendant also said that the plaintiff had tortured her in such a way that her eyes were about to dmaged and it was such an unfortunate that in such a condition of serious injury, the plaintiff did not allow the defendant to have any medical treatment.
Wherefore, it is humbly prayed that your honour would graciously be pleased to –
- Pass an order to dismiss the suit,
- Pass an order for cost of the suit to the defendant.
- And or pass such other order or orders as your honour deem fit and proper in law.
That the statements made above are true to the best of my knowledge and belief. There of i put my signature here under, being present in the chamber of my appointed lawyer.
Note: The Statement was made for an educational article, not a factual statement or intentional one.