What do you mean by the written statement? What particulars should be furnished in the written statement? Mention also C.P.C. (Amendment) Acts, 1999 and 2002

Question: What do you mean by the written statement? What particulars should be furnished in the written statement? Mention also C.P.C. (Amendment) Acts, 1999 and 2002.

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Answer

In a civil lawsuit, the written statement is a formal document filed by the defendant in response to the plaintiff's plaint. It serves as the defendant's defense and outlines their version of the facts and legal arguments in opposition to the plaintiff's claims. The written statement provides an opportunity for the defendant to present their case and raise any counterclaims or defenses.

As per Order VIII of the Code of Civil Procedure (CPC), the written statement should include the following particulars:

• The defendant's full name and address: The written statement should clearly state the defendant's full name and address for identification purposes.
• Response to each allegation in the plaint: The defendant must specifically respond to each material fact or allegation made by the plaintiff in the plaint. They can admit, deny, or claim insufficient knowledge about each allegation. If the defendant fails to respond to any allegation, it is deemed to be admitted.
• Statement of new facts: The defendant should include any additional facts that support their defense or counterclaim. These facts should be clearly stated and relevant to the case.
• Specific denial or non-admission: If the defendant intends to deny an allegation made by the plaintiff, they should do so specifically and not in a vague or general manner. A mere denial without specific details may be considered as non-admission.
• Affirmative defenses: The defendant should set forth any legal defenses or grounds for exemption from liability. These defenses could include matters such as limitation period, res judicata, estoppel, accord and satisfaction, etc.
• Counterclaim, if any: The defendant may assert a counterclaim against the plaintiff, which is a claim made by the defendant against the plaintiff arising out of the same transaction or related facts. The counterclaim should be stated clearly, along with the relief sought.

The Civil Procedure (Amendment) Act, 1999 (Act No. 46 of 1999) and the Civil Procedure (Amendment) Act, 2002 (Act No. 22 of 2002) were enforced from July 1, 2002. These amendments aimed to bring about changes to the Code of Civil Procedure, 1908, with the goal of expediting civil cases and ensuring speedy justice for the people.

The amendments introduced several measures to reduce delays in the pre-trial stage and throughout the litigation process. Some of the main features of the amendments include:

a. Obligations of the plaintiff and the defendant: The amendments placed obligations on both the plaintiff and the defendant to ensure the timely progress of the case. These obligations were designed to prevent unnecessary delays and expedite the resolution of civil disputes.

b. Time limits for every stage of litigation: The amendments sought to compress the time frame for the disposal of civil cases by setting specific time limits for each stage of litigation. This was done to ensure that cases are resolved within a reasonable timeframe and to reduce the backlog of pending cases.

c. Restriction on adjournments: The amendments restricted the number of adjournments that could be granted in a case to a maximum of three times. This was aimed at curbing the practice of excessive adjournments, which often led to delays in the progress of cases.

d. Abolition of second appeal in money suits: The amendments abolished the provision for a second appeal in money suits where the value of the suit did not exceed Rs. 25,000. This was done to streamline the appellate process and reduce the burden on higher courts.

e. Restriction on the general power of courts to extend time: The amendments restricted the general power of courts to extend the time prescribed in the Code of Civil Procedure to a maximum of 30 days. Previously, courts had the discretion to extend time without any limit. This restriction was intended to ensure that time limits set for different stages of litigation are adhered to.

f. Referral of suits for conciliation and arbitration: The amendments empowered the courts to refer suits to conciliation and arbitration in appropriate cases. This was intended to encourage alternative dispute resolution methods and reduce the burden of litigation on civil courts.

The amendments were made after consultations with the Law Commission of India, representatives of the Bar Council of India, Bar Associations, Law Officers of the Union, and other stakeholders. The aim was to bring relief to those awaiting the outcome of long-pending civil cases and to enhance the efficiency of the civil justice system.

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