How to file written statement in court as per Order-8 Rule-1 of CPC?
Introduction:
Filing a written statement in court is a crucial step in the legal process when one becomes a defendant in a civil lawsuit. As per Order 8, Rule 1 of the Code of Civil Procedure (CPC), the written statement serves as the defendant’s opportunity to respond to the allegations made in the plaintiff’s plaint and present their side of the story. It is a fundamental aspect of the adversarial system of justice, where both parties have the chance to present their arguments and evidence before the court. In this guide, we will explore the step-by-step process of filing a written statement, the essential elements to include, and the significance of providing a strong defense in accordance with the law.
Filing a written statement in court as per Order 8, Rule 1 of the Code of Civil Procedure (CPC) is a crucial step when you are a defendant in a civil lawsuit. Here’s a step-by-step guide to help you with the process:
Step 1: Obtain the Summons and Plaint
You will receive a summons from the court, which informs you about the lawsuit filed against you. Along with the summons, you should also receive a copy of the plaintiff’s plaint (the document that outlines their claims).
Step 2: Study the Plaint
Carefully read and understand the plaintiff’s plaint to know the allegations and claims made against you. This will help you prepare your written statement effectively.
Step 3: Engage an Advocate (Optional)
You may choose to represent yourself in court, but it’s advisable to engage an advocate or lawyer who is experienced in civil litigation to assist you with the legal process.
Step 4: Prepare the Written Statement
Your written statement is your defense, where you respond to each allegation made by the plaintiff. You need to present your side of the story and any legal arguments you may have.
Step 5: Format and Contents
Format the written statement according to court guidelines. It should be typed on plain paper and contain the details of the court, the case number, and the names of the parties involved. Address the court as “Your Honor.”
Step 6: Denial or Admission
For each allegation in the plaintiff’s plaint, you can either admit it, deny it, or state that you have insufficient knowledge to respond (meaning you don’t have enough information to admit or deny). Be truthful and precise in your responses.
Step 7: Affirmative Defenses
If you have any defenses or counterclaims against the plaintiff, you should raise them in the written statement. These are called “affirmative defenses.”
Step 8: Supporting Documents
Attach copies of any relevant documents that support your defense. For example, contracts, agreements, receipts, or any evidence that contradicts the plaintiff’s claims.
Step 9: Verification and Signature
The written statement should end with a verification (a declaration stating that the contents are true to the best of your knowledge) and your signature.
Step 10: File the Written Statement
Make multiple copies of the written statement and take them to the court. Submit the original written statement and the required number of copies to the court clerk. The court will keep the original and return the copies with the court’s official stamp.
Step 11: Serve a Copy to the Plaintiff
Provide a copy of the filed written statement to the plaintiff or their advocate as per court rules. This ensures that they are aware of your defense.
Step 12: Attend Hearings
Attend all the court hearings related to your case. Your advocate (if you have one) will represent you and present your defense.
Remember, the process may vary slightly based on the court and jurisdiction. It’s essential to be diligent, timely, and accurate in filing your written statement as per the court’s guidelines and deadlines.
Conclusion:
In conclusion, the process of filing a written statement as per Order 8, Rule 1 of the CPC is a crucial aspect of defending oneself in a civil lawsuit. By carefully studying the plaintiff’s plaint and responding truthfully and accurately to the allegations, the defendant can present their defense effectively. It is essential to be diligent in adhering to court guidelines, format, and deadlines while preparing and filing the written statement. Seeking legal counsel, if possible, can provide valuable assistance throughout the process. Filing a comprehensive and well-structured written statement, supported by relevant documents and affirmative defenses, strengthens the defendant’s position and ensures that justice is served fairly in the court of law.
