Written statement format under Order VIII CPC
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
- Time: 30 days, extendable to 90 days in ordinary suits; 120 days absolute in commercial suits (SCG Contracts India v. K.S. Chamankar Infrastructure, (2019) 12 SCC 210).
- Every allegation not specifically denied may be taken as admitted (Order VIII Rule 5).
- Set-off: Order VIII Rule 6; counter-claim: Order VIII Rule 6A.
- Commercial suits require a statement of truth and specific responses to documents (Order VIII Rule 3A and Order XI as amended).
The law: old and new provisions
| Subject | Law now | Before 1 July 2024 |
|---|---|---|
| Written statement | Order VIII CPC | — |
Which court or authority
The court where the suit is pending.
What the document should contain
- Preliminary objections (jurisdiction, limitation, maintainability, valuation)
- Para-wise reply to the plaint
- Additional facts and the defendant’s case
- Set-off or counter-claim, if any
- Verification (statement of truth in commercial suits)
Documents to attach
- Documents relied on by the defendant, with a list
- Vakalatnama
Procedure
- Obtain the plaint and documents
- Draft preliminary objections and para-wise reply
- File within time with documents; serve a copy on the plaintiff
Common mistakes
- Evasive denials
- Missing the 120-day limit in commercial suits
- Not raising limitation or jurisdiction at the outset
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.