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Written Statement (Order VIII Rule 1 CPC)

Civil Procedure & Litigation Mechanics

Definition

The formal defense pleading filed by a defendant responding to each material allegation of fact made in the plaint, raising preliminary objections, statutory bars, or asserting counter-defenses within the statutory period of 30 days (extendable up to 90 or 120 days).

Example

A defendant in a recovery suit filed at the Saket District Court, New Delhi, submits a written statement specifically denying the execution of the alleged cash receipts and raising a preliminary objection that the suit is barred by limitation under Article 19 of the Limitation Act, 1963.