Filing written statements under CPC

When written statements are required—It is laid down in Order VIII, Rule 1, of the Code

of Civil Procedure, that 7(a defendant shall at or before the first hearing or within such timeTime χρόνος. Judicial: Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”) यमः , पुं, (यमयति नियमयति जीवानां फलाफलमिति । यम् + अच् । विश्वे च कलयत्येव यः सर्व्वायुश्च सन्ततम् । अतीव दुर्निवार्य्यञ्च तं कालं प्रणमाम्यहम् ॥यमैश्च नियमैश्चैव यः करोत्यात्मसंयमम् । स चादृष्ट्वा तु मां याति परं ब्रह्म सनातनम् ॥ as the Court may permit, present a written statement of his defence in duplicate, one for the Court and

the other for the plaintiff). In most cases, there should be no difficulty in presenting such a written statement on the date fixed, and no adjournment should be given for the purpose except for good cause shown, and in proper cases, costsCosts Subject to any written law, costs are at the discretion of the Court, and the Court has the power to determine all issues relating to the costs of or incidental to all proceedings, including by whom and to what extent the costs are to be paid, at any stage of the proceedings or after the conclusion of the proceedings. Generally “Costs” includes charges, disbursements, expenses, fees, and remuneration. Costs in any matter are payable from the date of the order of the Court unless the parties otherwise agree. The costs of a third-party funding contract are not recoverable as part of the costs of, or costs. should be awarded to the opposite side. Laxity in granting adjournments for the purpose of filing written statements should be avoided, and it should be noted that in extreme case contumacious refusal to comply with the Court‘s order is liable to be dealt with under Order 8 Rule 10, Civil Procedure Code.

DocumentsDocument It means any matter expressed or described or otherwise recorded upon any substance by means of letters, figures or marks or any other means or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter and includes electronic and digital records. (Bharatiya Sakshya Adhiniyam 2023) to accompany written statements—The combined effect of Rules 11 (6A to 6G) , and 12 of Order VIII is that the defendant should produce with the written statement: (i) all documents in his possession or powerPower The amount of energy transferred or converted per unit of time. In the International System of Units, the unit of it is the watt, equal to one joule per second. The capacity of energy infrastructure is rated using watts, which indicate its potential to supply or consume energy in a given period of time. A Power-plant rated at 100 MW has the potential to produce 100 MWh if it operates for one hour. on which he bases his defence or claimA Claim A claim is “factually unsustainable” where it could be said with confidence before trial that the factual basis for the claim is entirely without substance, which can be the case if it were clear beyond question that the facts pleaded are contradicted by all the documents or other material on which it is based. to set off or (makes counter claim) if any; (ii) a list of other documents not in his possession or power but on which he relies in support of his case; (iii) a statement indicating his address for service; (iv) a duplicate of the written statement to be supplied to the plaintiff; and 8(v) a statement of documents not in his possession or power as in whose possession or power it is and where it can be found.

Sub-rule (2) of Rule 1 of Order VIII requires that if the list referred to in (ii) above is not annexed with the written statement or presented at the first hearing, it shall be presented written a period of ten days from the date of the first hearing.

Replications—When the defendant has filed a written statement, the Court may call upon the plaintiff to file a written statement in reply. Under Order VIII, Rule 9, the Court has power to call upon both parties to file written statements at any time and this power should be freely sued for elucidating the pleas when necessary, especially in complicated cases. In simple cases, however, examination of the parties, after the defendant has filed his written statement is generally found to be sufficient.

Separate written statements—In all cases where there are several defendants the Court should, as a rule, take a separate written statement from each defendant unless the defence of any defendants filing a joint written statement are identical in all respects. There may be different defences based upon a variety of circumstances and these should not be allowed to be mixed up together in a single statement merely because all the defendants deny the plaintiffs claim.

Court-fees on set-off and counter-claims—Written statements called from the parties may be on plain paper, but when the defendant claims in his written statements any sum by way of set-off or counter claim under Order VIII, Rule 6, and 6A to 6G, Civil Procedure Code, the statement must be stamped in the same manner as a plaint in a suit for the recovery of that sum.

Contents—A ―written statement‖ is included in the definition of ―pleading‖ (vide Order VI, Rule 1) and should conform to the general rules of pleading given in order VI as well as the special rules with regard to the written statements in Order VIII. All admissions and denials of facts should be specific and precise and not evasive or ambiguous. When allegations of fraud, etc., are set up, the particulars should be fully given. When any legal provision is relied onRelied on Relied to make the decision (ratio decidendi) and not only referred to push an issue. not only the provisions of lawLaw νόμος:  Positive command of sovereign or divine. One can be ruled either by a Statute, a Statue, or a Statement. Legislation is the rule-making process by a political or religious organisation. Physics governs natural law. Logical thinking is a sign of a healthy brain function. Dharma is eternal for Sanatanis. Judiciary > Show me the face, and I will show you the law. Some people know how to bend the law rather than break it. Law Practice. Read a scholarly article relied upon should be mentioned, but also the facts making it applicable should be stated. For instance when a plea of res judicataRes judicata Rights of co-defendants: Har Narayan Tewari (D) Thr. Lrs. v. Cantonment Board, Ramgarh Cantonment & Ors.[2024] 7 S.C.R. 29. Govindammal (Dead) by Legal Representatives and Ors. v. Vaidiyanathan and Ors. [2018] 11 SCR 1092 : (2019) 17 SCC 433. is raised, not only the

provision of law (Section 11 of the Civil Procedure Code) should be mentioned, but also the particulars of the previous suit which is alleged to bar the suit.