Essential Things to be Mentioned in a Written Statement. When can a Plaint be Rejected?

Understanding a Written Statement

A written statement is a critical document in civil litigation, constituting the defendant’s formal response to the allegations and claims made by the plaintiff in the plaint. As governed by Order VIII of the Code of Civil Procedure, 1908 (CPC), the written statement lays the foundation for the defendant’s defenses and helps delineate the issues for adjudication.

Essential Elements of a Written Statement

1. Admission or Denial of Allegations

The defendant must explicitly admit or deny each material allegation in the plaint. Failure to deny an allegation may result in its acceptance as true under Order VIII Rule 5 CPC.

• Case Law: Badat and Co. v. East India Trading Co. (1964)
  The Supreme Court held that evasive denials are tantamount to admissions, emphasizing the importance of specific and unambiguous denials.

2. Pleading New Facts or Counterclaims

The written statement may include facts not stated in the plaint but relevant to the defense or counterclaims against the plaintiff. Counterclaims must comply with Order VIII Rule 6A CPC.

• Case Law: Mahendra Kumar v. State of Madhya Pradesh (1987)
  The Supreme Court clarified that a counterclaim can be filed even after the filing of the written statement, provided it arises from the same cause of action.

3. Conciseness and Relevance

The written statement should focus on relevant facts and defenses without including unnecessary evidentiary details.

• Case Law: Balraj Taneja v. Sunil Madan (1999)
  The Court emphasized that pleadings must not include irrelevant or unnecessary details to avoid complicating the trial.

4. Specificity in Denials

Denials must be specific and address each factual allegation clearly. General or evasive denials may weaken the defense.

• Case Law: R.N. Jadi & Brothers v. Subhashchandra (2007)
  The Supreme Court highlighted that specific denials form the cornerstone of an effective written statement and should not be vague.

5. Legally Relevant Defenses

Defenses such as limitation, waiver, estoppel, or illegality must be specifically pleaded in the written statement.

• Case Law: Sopan Sukhdeo Sable v. Assistant Charity Commissioner (2004)
  The Court observed that omission to plead a specific defense may result in forfeiting the right to raise it later.

6. Verification

As per Order VI Rule 15 CPC, the written statement must be verified by the defendant or their authorized representative to ensure authenticity.

7. Set-Off and Counterclaims

If the defendant has any claims against the plaintiff’s demands, such as a set-off (Order VIII Rule 6 CPC) or a counterclaim, these must be clearly pleaded.

• Case Law:

  Ramesh Chand Ardawativa Through … vs Anil Panjwani on 16 April, 2001

  The Supreme Court emphasized that a set-off or counterclaim must be explicitly pleaded by the defendant, as these are treated as separate claims against the plaintiff’s demand. The Court also clarified that a counterclaim can be filed even after the filing of the written statement, provided it relates to the original cause of action and is filed within the limitation period.

8. Compliance with Court Orders

The written statement must adhere to court-prescribed timelines. In commercial disputes, strict adherence to time limits (30 to 120 days) is mandated under the Commercial Courts Act, 2015.

• Case Law: M/s SCG Contracts India Pvt. Ltd. v. KS Chamankar Infrastructure Pvt. Ltd. (2019)
  The Supreme Court ruled that the 120-day limit for filing written statements in commercial cases is mandatory, with no scope for extensions.

Grounds for Rejection of a Plaint

Under Order VII Rule 11 CPC, the court may reject a plaint on the following grounds:

1. Lack of Cause of Action

If the plaint fails to disclose a cause of action, it is liable to be rejected.

• Case Law: Church of Christ Charitable Trust & Educational Charitable Society v. Ponniamman Educational Trust (2012)
  The Supreme Court stated that if the plaint does not disclose a cause of action, the court must reject it without further inquiry.

2. Undervaluation of Suit

If the suit is undervalued and the valuation is not corrected despite a court order, the plaint may be rejected.

3. Insufficient Stamp Duty

If the plaint is inadequately stamped as per the Stamp Act, it may be rejected unless remedied within the prescribed time.

• Case Law: Hameed Joharan v. Abdul Salam (2001)
  The Court underscored the importance of proper stamping in maintaining the validity of legal documents.

4. Barred by Law

When a suit is barred by any statutory provision, the plaint can be rejected.

• Case Law: Prem Lata Nahata v. Chandi Prasad Sikaria (2007)
  The Supreme Court ruled that plaints barred under statutory provisions or existing legal principles are liable for rejection.

5. Non-compliance with Procedural Requirements

A plaint failing to comply with procedural mandates, such as filing in duplicate, may be rejected.

6. Violation of Court Orders

Non-compliance with court directives regarding the presentation of the plaint can lead to its rejection.

7. Lack of Jurisdiction

If the court lacks jurisdiction over the subject matter or the parties, the plaint may be rejected.

• Case Law: Dahiben v. Arvindbhai Kalyanji Bhanusali (2020)
  The Court reiterated that jurisdictional defects strike at the root of the matter, warranting rejection of the plaint.

Effect of Rejection and Judicial Discretion

• A rejected plaint does not prevent the plaintiff from rectifying defects and refiling the suit, provided the limitation period has not expired.
• Judicial discretion plays a pivotal role, as courts assess the facts and circumstances of each case before rejecting a plaint.