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    Aqib Hussain BL-0813. Danyal Aziz Bl-0736 Saddam Hussain BL-0812

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    Zeeshan Haider

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    Aqib Hussain BL-0813. Danyal Aziz Bl-0736 Saddam Hussain BL-0812

    Uploaded by

    Zeeshan Haider
    13 views8 pages

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    Copyright:

    © All Rights Reserved
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    Download as pptx, pdf, or txt
    13 views8 pages

    Aqib Hussain BL-0813. Danyal Aziz Bl-0736 Saddam Hussain BL-0812

    Uploaded by

    Zeeshan Haider

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 8

    Students Profile.

     Member 1. : Aqib Hussain (BL-0813)


     Member 2. : Saddam Hussain (Bl-0812)
     Member3. : Danyal Aziz (BL-0736)
    Topic.

     What is a written statement and what are the consequences of failure of filing of a
    written statement?
    Introduction.

     In legal dictionary, the word written statement means a pleading for defence. However,
    the expression ‘written statement’ has not been defined in the code and it is a term of
    specific connotation ordinarily signifying a reply to the plaint which is filed by the
    plaintiff. In other words, a written statement is the pleading of the defendant wherein he
    deals with every material fact alleged by the plaintiff along with any new facts in his
    favour or that takes legal objections against the claim of the plaintiff.
    Written statement.

     A defendant should, within 30 days from the service of summons on him, present a
    written statement of his defence the period id extendable up to 90 days, but for reasons to
    be recorded for such extension.
     A written statement should be drafted carefully and artistically. All the general rules of
    pleading apply to a written statement also. Before proceeding to draft a written statement
    it is absolutely necessary to examine the plaint carefully. Like a plaintiff, a defendant may
    also take a number of defences, either simply or in the alternative, even though they may
    be inconsistent, provided they are maintainable at law and are not embarrassing.
    New facts must be specially pleaded.

     The effect of the rule is, for reasons of practice and justice and convenience, to require the
    party to tell his opponent what he is coming to the Court to prove. If he does not do that,
    the Court will deal with it in one of two ways. It may say that it is not open to him, that he
    has not raised it and will not be allowed to relyon it; or it may give leave to amend by
    raising it and protect the other party.
     Denial to be specific.
     The defendant must deny specifically with each allegation of fact of which he does not
    admit the truth.
    Evasive denial.

     Where a defendant denies an allegation of fact in the plaint, he must not do so evasively,
    but answer the point of substance. Thus, if the allegation that he received a certain sum of
    money, it shall not be sufficient to deny that he received that particular amount, but he
    must deny that he received that sum or else set out how much he received.
    Specific denial.

     Rule 3 of Order VIII requires that the defendant must deal specifically with each
    allegation effect of which he does not admit the truth. Rule 5 provides that every
    allegation of fact in the plaint, if not denied in the written statement shall be taken to be
    admitted by the defendant, What this rule says is that any allegation of fact must either be
    denied specifically or by a necessary implication or there should be at least a statement
    that the fact is not admitted. If the plea is not taken in that manner, then the allegation
    shall be taken to be admitted.
    Procedure when party fails to present written
    statement called for by Court.

     Rule 1 merely requires that the defendant should present a written statement of his
    defence within the time permitted by the Court.
     Under Rule 5(2), where the defendant has not tiled a pleading it shall be lawful for the
    Court to pronounce judgment on the basis of the facts contained in the plaint except
    against a person under disability but the court may at its discretion require any such fact
    to be proved.
     Again under Rule 10 when any party from whom a written statement is required fails to
    present the same within the time permitted or fixed by the Court, the Court ‘shall
    pronounce judgment against him or make such order in relation to the suit as it thinks fit`.

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