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CPC 4

The written statement is an essential part of every civil suit filed by the plaintiff against the defendant. If the defendant fails to file a written statement within the required time period, the court may reject any delay application by the defendant and proceed with the case based on the plaintiff's claims. However, the court must consider the specific circumstances of each case and may provide a reasonable opportunity for the defendant to file a written statement if their delay was due to negligence rather than intentional non-filing. Case laws cited provide examples where the supreme court rejected written statements filed many years late or did not accept delay applications without sufficient justification for the late filing.

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27 views

CPC 4

The written statement is an essential part of every civil suit filed by the plaintiff against the defendant. If the defendant fails to file a written statement within the required time period, the court may reject any delay application by the defendant and proceed with the case based on the plaintiff's claims. However, the court must consider the specific circumstances of each case and may provide a reasonable opportunity for the defendant to file a written statement if their delay was due to negligence rather than intentional non-filing. Case laws cited provide examples where the supreme court rejected written statements filed many years late or did not accept delay applications without sufficient justification for the late filing.

Uploaded by

sloffice09
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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What is meain by written statement ?

What is the effects of non filing any


written statement?

1) meaning of the written statement :The written statement is an essential part


of every civil suit. When the plaintiff filed a lawsuit against the defendant or
defendants, his plaint put his grievance against a defendant. After considering
the plaint of the plaintiff, the Court can order to issue summons to the opposite
parties, which are called the defendant in the suit.

(2) What is the effect of non-filing written statement :- The conduct of the
defendant in not filing the written statement has to seen in the facts of each case,
and no straight-jacket formula can be applied that where the written statement
not filed within a particular time, no further opportunity should be granted. If the
defendants were negligent in not filing the written statement, some reasonable
opportunity should be allowed to them so that the case could be decided on
merits.

However, due to uncontrolled circumstances, if the defendant can not file his
written statement within the before-mentioned time, he may submit a written
statement along with delay application and pray for the condonation of delay for
late filing written statement. If the defendant failed to explain the reason for the
delay satisfactorily, the Court could reject said application.
Case laws

Mohammed Yusuf v. Faij Mohammad and ors (AIR 2009 SC (Supp) 1741), the
supreme CourtCourt observed that Written Statement filed after three years
beyond the time limit, the application filed by the respondents herein praying for
condoning the delay in filing the written statement was rejected. And the plaintiff
ordered to examine his witnesses – Sufficient reasons recorded in support of
Order held, Interference with the Order by writ Court in the absence of finding
that there had been a failure of justice or Order contained an error on the face of
the record is improper.[1].

M/s. Aditya Hotels (P) Ltd v. Bombay Swadeshi Stores Ltd. and Ors(Air 2007
sc 1574), the supreme CourtCourt held that Condonation of Delay in filing Written
Statement since neither the trial Court nor the High Court has indicated any
reason to justify the acceptance of the written statement after the expiry of the
time fixed, Order allowing filing of the written statement is liable to be set aside.
[2].
Om Prakash Gupta vs. Union of India and another (Air 2000 sc 3585) the
supreme CourtCourt observed that Written statement not filed for more than two
years held Order granting further time to party not justified – Application under O.
8, R. 10 to pronounce judgment against defendant allowed. The CourtCourt may
proceed and dispose of the suit by the law.[4].

3.Conclusion :Indeed, the defendant’s conduct in not filing the written statement
has to be understood in the facts of the specific case, and no straight-jacket
formula can be used where the written statement is not filed within a particular
time to be given only for extraordinary situations. The Court can allow the
plaintiff’s application under Order 8, rule 10, and pronounce the judgment against
the defendant as per the provisions of the civil procedure code.

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