Topic > A written declaration - 2066

CHAPTER I – INTRODUCTIONINTRODUCTIONThe written declaration is not defined in the Code. It can be said that it is a term with specific connotation which ordinarily means response to the application presented by the plaintiff. In other words, a written statement is the pleading of the defendant in which he deals with all the material facts alleged by the plaintiff in his complaint and also states any new facts in his favor or raises legal objections against the plaintiff's claim.When the notice has been issued to the accused in connection with the case, he is obliged to appear on the date indicated in the notice. Before this date, the defendant is required to file his written statement, i.e. his defense against the accusation raised by the plaintiff, within thirty days from the date of notification or within the deadline set by the court. in particular refute the charges and allegations that the defendant believes to be false and incorrect. Any accusation not explicitly rejected is considered admitted. The written statement should also include verification by the respondent that the contents of the written statement are accurate and truthful. The thirty day period for filing a written statement may be extended to ninety days after requesting permission of the court. A written statement must be drafted with caution and creativity. All general rules of defense also concern a written statement. Before proceeding to draft a written statement it is absolutely essential to carefully examine the complaint. Similar to the plaintiff, the defendant should also take simple or alternative defenses, even if they may be inconsistent provided they are maintainable by law and are not distressing. The Court has the power to condone failure to file ... middle of paper ... ....a statement contained a set-off or counterclaim. Although, in practice, the court usually grants permission even on oral request to respond to written statements by way of a rejoinder. The undercurrent that leads to this attitude is perhaps a tacit awareness that an unexpected situation implemented and cited as the cause of the delay in filing the written statement is in most cases not connected to the delay. This trend should not be allowed to continue. BIBLIOGRAPHY • Civil Procedure with Limitation Act, CK Takwani, seventh edition, Eastern Book Company. • Abhinav Misra, The Code of Civil Procedure, 1908, Upkar Prakashan. • Dr. AB Kafaltiya, Textbook on Declarations, Drafting and Communications, Universal Law House Publishing Co. Pvt. Ltd. • Sumkumar Ray, The Code of Civil Procedure, 1908, Universal Law House Publishing Co. Pvt. Ltd..