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Weighing your request
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
Two disciplines decide most written statements. The first is the calendar: 30 days from summons, extendable to 90 on costs — and in commercial suits the Supreme Court's SCG Contracts ruling makes 120 days an absolute guillotine, after which the right to file is forfeited and the suit effectively proceeds on the plaint alone. The second is specificity: Order VIII Rule 5 deems every allegation not specifically denied to be admitted, so a lazy “all para wise allegations are denied” draft concedes the case it thinks it is defending. The WS is also the only vehicle for affirmative defences — limitation, jurisdiction, accord and satisfaction must be pleaded here or nowhere — and for the counter-claim, which converts a defence into an attack and survives even if the plaintiff withdraws.
Worked example
A Delhi trading firm is sued in a commercial suit for ₹35 lakh on running-account invoices. Its counsel files the written statement on day 87 — inside the outer limit — with paragraph-wise denials, a specific plea that two invoices were never delivered (annexing the transporter's records), and a ₹9 lakh counter-claim for rejected goods. The plaintiff's application for summary judgment fails because the specific denials raise triable issues. The co-defendant who filed a bare general denial on day 130 fares differently: his WS is refused as time-barred under SCG Contracts, and the case against him proceeds undefended.
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.
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