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Written statement format under Order VIII CPC

Guide · Last verified against the bare Acts on 2026-11-09

A written statement is the defendant’s reply to the plaint. Under Order VIII Rule 1 CPC it is to be filed within 30 days of service of summons, extendable up to 90 days in ordinary suits (Kailash v. Nanhku, (2005) 4 SCC 480). In commercial suits the outer limit of 120 days is mandatory.

Key points

The law: old and new provisions

SubjectLaw nowBefore 1 July 2024
Written statementOrder VIII CPC—

Which court or authority

The court where the suit is pending.

What the document should contain

Documents to attach

Procedure

  1. Obtain the plaint and documents
  2. Draft preliminary objections and para-wise reply
  3. File within time with documents; serve a copy on the plaintiff

Common mistakes

Frequently asked questions

What happens if the written statement is not filed within 90 days?

In ordinary suits the 90-day limit is directory and courts may allow later filing for exceptional reasons; in commercial suits the defendant loses the right to file after 120 days.

Written Statement formats in the library (13)

Related guides

This guide summarises the law for advocates and is not legal advice. Statutes and court rules change: check the current text before filing.