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Quick Answer
The written statement must respond paragraph-by-paragraph to the plaint, specifically denying or admitting allegations. Vague or evasive denials are deemed admissions under Order VIII Rule 5 CPC. Affirmative defences (limitation, res judicata, want of jurisdiction, fraud, accord and satisfaction) must be specifically pleaded. Counter-claims and set-offs may be incorporated. Time-extension beyond 90 days requires the court's special leave for sufficient cause; the Supreme Court in SCG Contracts (2019) held that delay beyond 120 days is impermissible save in exceptional cases.
Statutory reference
Order VIII CPC 1908
Related practice areas
Pleading filed by the defendant in response to a plaint, under Order VIII CPC. Must be filed within 30 days of summons (extendable to 90 days) and contains specific denials and affirmative defences.
Written Statement is governed by Order VIII CPC 1908. The written statement must respond paragraph-by-paragraph to the plaint, specifically denying or admitting allegations. Vague or evasive denials are deemed admissions under Order VIII Rule 5 CPC. Affirmative defences (limitation, res judicata, want of jurisdiction, fraud, accord and satisfaction) must be specifically pleaded. Counter-claims and set-offs may be incorporated. Time-extension beyond 90 days requires the court's special leave for sufficient cause; the Supreme Court in SCG Contracts (2019) held that delay beyond 120 days is impermissible save in exceptional cases.
Written Statement falls under Civil Law. NyaySevak matches you with a Bar-Council-verified advocate in the relevant practice area — the first consultation is free.