Defenses Available to the Defendant in a Written Statement.

Long Version (Marks 12)

Introduction

The written statement is the defendant’s primary defense mechanism under Order VIII of the Code of Civil Procedure, 1908. It is the defendant’s formal response to the plaint and offers the opportunity to deny allegations, introduce legal defenses, and raise counterclaims. Filing a written statement within the statutory time is crucial to avoid severe consequences, such as ex parte decrees.

Types of Defenses Available to the Defendant

Denial of Allegations (Order VIII Rule 3 & 4)

The defendant is required to specifically deny each of the allegations made in the plaint. A general denial is insufficient, and evasive denials are treated as admissions. The defendant must provide specific answers to each claim. For example, if the plaintiff asserts that a sum of money is owed, the defendant must not merely deny the amount but also provide any defense supporting the denial.

• • Case Law: Christian Broadcasting Network Inc. v. CBN News (P) Ltd. (2018): In this case, the Delhi High Court passed an ex parte decree because the defendant failed to file a written statement, underscoring the importance of timely and specific denials.

Legal Defenses (Order VIII Rule 2)

The defendant may raise legal defenses to challenge the suit’s maintainability. These may include:

• Limitation: The suit is barred by the statute of limitations.
• Fraud or Misrepresentation: The suit is based on fraudulent claims.
• Jurisdiction: The court lacks jurisdiction over the subject matter.
• Absence of Cause of Action: The plaintiff’s plaint fails to disclose a cause of action.

All legal defenses must be specifically pleaded, and failure to raise them in the written statement may prevent them from being raised later.

• • Case Law: Kailash v. Nankhu (2005): The Supreme Court clarified that while timelines for filing written statements are directory, legal defenses raised must be clear and within the allowed time frame.

Set-Off (Order VIII Rule 6)

Set-off refers to a claim by the defendant against the plaintiff that can be pleaded in response to the plaintiff’s claim. It is applicable in cases where the defendant has a claim for an ascertained amount against the plaintiff. For example, in a suit for money recovery, the defendant may raise a set-off to balance out the plaintiff’s claim.

• • Case Law: Baldev Singh v. Manohar Singh (2006): The court held that a defendant’s set-off must be clearly pleaded in the written statement, and failure to do so in time may forfeit the right to raise the claim later.

Counterclaim (Order VIII Rule 6A)

A counterclaim allows the defendant to make a cross-claim against the plaintiff, treating it as a separate suit within the same proceedings. The counterclaim can arise from a cause of action distinct from the plaintiff’s original claim but must be filed within the time prescribed for filing the written statement.

• • Case Law: Usha Balasaheb Swami v. Kiran Appaso Swami (2007): The Supreme Court allowed a counterclaim, even though it contradicted earlier pleas, highlighting the flexibility in allowing counterclaims to be part of a defense strategy.

New Facts to be Pleaded (Order VIII Rule 2)

If the defendant has new facts that were not part of the plaintiff’s case, such as performance, payment, or facts that show the transaction is illegal or void, these must be specially pleaded. The defendant must raise these new facts in their written statement, and they cannot be introduced later in the proceedings.

• • Case Law: Salem Advocate Bar Association v. Union of India (2005): This case emphasized that the court must scrutinize new facts introduced in a written statement to ensure they do not prejudice the plaintiff or introduce surprise elements into the proceedings.

Failure to File a Written Statement (Order VIII Rule 10)

If the defendant fails to file a written statement within the prescribed time, the court may pass an ex parte decree or pronounce judgment against the defendant. The court has discretion in extending the time, but such extensions are only granted in exceptional cases.

• • Case Law: Mohammed Yusuf v. Faij Mohammad (2009): The Supreme Court ruled that extensions for filing a written statement should not be automatic and must be based on valid and sufficient reasons. Indiscriminate extensions can undermine the pursuit of justice.

Conclusion

A written statement is fundamental to the defendant’s defense strategy. Through specific denials, legal defenses, set-offs, and counterclaims, the defendant can effectively challenge the plaintiff’s claims. However, the importance of adhering to statutory timelines cannot be overstated, as failure to file the written statement on time may lead to an ex parte decree. Courts, while allowing some flexibility, prioritize justice and discourage procedural delays.