A written statement is the defendant's formal response to the plaintiff's plaint in a civil suit. It is the defendant's opportunity to deny the plaintiff's allegations, raise legal defences, and set out any counterclaim. A well-drafted written statement is essential for a successful civil defence. TRW — Tahmidur Rahman Remura Wahid Law Associates drafts written statements with the same rigour and attention to detail as plaints.
Legal Requirements for a Written Statement
The requirements for a written statement are set out in Order 8 of the CPC. The defendant must file the written statement within 30 days of service of the summons (extendable by the court). The written statement must: specifically deny each allegation in the plaint that the defendant disputes; admit allegations that are not disputed; raise all legal defences (limitation, res judicata, lack of jurisdiction, etc.); and set out any counterclaim. Any allegation in the plaint that is not specifically denied is deemed to be admitted. TRW ensures that the written statement specifically addresses every allegation in the plaint.
Order 8, Rule 6A of the CPC allows the defendant to raise a counterclaim in the written statement. A counterclaim is treated as a plaint and the plaintiff must file a written statement in response. TRW advises defendants on whether a counterclaim is appropriate in their case.
Key Legal Defences
TRW raises the following key legal defences in written statements where applicable. Limitation: the suit is barred by the Limitation Act 1908. Res judicata: the matter has already been decided by a court of competent jurisdiction. Lack of jurisdiction: the court does not have jurisdiction to hear the suit. Non-joinder of necessary parties: the plaintiff has failed to join all necessary parties to the suit. Misjoinder of parties: the plaintiff has improperly joined parties who should not be in the suit. Estoppel: the plaintiff is estopped from making the claim by their own conduct. Waiver: the plaintiff has waived their right to the relief claimed.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's civil litigation team draft written statements for all types of civil suits. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: What happens if I do not file a written statement?
A: If the defendant fails to file a written statement, the court may proceed ex parte and pass a decree against the defendant.
Q: Can I raise new defences after filing the written statement?
A: Additional defences can be raised by amending the written statement with the court's permission.
Q: What is the time limit for filing a written statement?
A: 30 days from service of the summons, extendable by the court for good cause.
