Basics

According to Order VI rule 1 code of civil procedure, 1908 “Pleading” shall mean plaint or written statement. The object of the pleadings is to ascertain the real dispute between the parties and to narrow down the area of conflict.

Order VI deals with pleadings in general, order VII deals with plants, and order VIII deals with a written statement.

What is a Written Statement?

A written statement may be described as a reply of the defendant to the plaint of the plaintiff.

The defendant has to present the written statement within 30 days of the date of service of summons on him. However, the court may allow the defendant to file the written statement on any other day, beyond the initial period of 30 days, which shall not be beyond 90 days from the date of service of summons.

Why order VIII Rule 1 is in the issue?

Supreme Court in the case of Bharat Kalra versus Raj Kishan Chabra passed an order which states as follows-

The Hon’ble Supreme Court held that- the delay in filing the written statement could very well be compensated with costs but denying the benefit of the filing of the written statement is unreasonable.

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