Civil procedure code
bismoi das
(Querist) 29 June 2013
This query is : Resolved
what is the legal consequences if written statement will not be filed by the plaintiff.
under what provision of C.P.C written statements of counter is to be filed.
Adv Archana Deshmukh
(Expert) 30 June 2013
If the WS is not filed then the court will proceed without the WS of the defendant on record. WS is filed as per the provision of O.8, R.1 of the CPC.
J K Agrawal
(Expert) 30 June 2013
After filing a plaint, if the plaint is admitted by the court for hearing, the very next stage is 'Sattlement of Issues'. The court issues summons for sattlement of issues so practically there is no stage to file a Written statement.
Filing of written statement is totally optional.
It may be surprising that not a single court in India follow the actual procedure laid down under CPC.
The exact process as laid down by CPC is that after filing Plaint, the court admits (or returns it)it for hearing. The Court issues summons for sattlement of issues.
Before the date of first hearing this word is used in CPC at so many times and it means that the date on which about settlement of issues is to be discussed) mentioned in summons The defendant will deliver WS within 30 days to plaintiff and the both parties shall follow provisions of order 12 and will take admissions of denial about fact and documents, and will give notice to produce documents under order 12 Rule 8. After that on the date mentioned in summons the Court will again ask questions to the parties about the matter in controversy under order 10 of CPC. After this much exercise, if it remains some questions to be decided the Court will them frame issues.
Even after issues there is no straight way to call witness. It is admission and denial of documents, checking of documents about admissibility, and again examination of each party by interrogatories under order XI. If the question is not solved up to that then only witness is required. It is provided that the party who denies the fact is if proved by witness, he is to bear cost of witness although what ever the result of case may be.
The theory is that calling witness is very expensive and court should not wast time to collect proof of some thing which is not under dispute hotly.
Now I come to your question
If WS is not filed you can take permission of court and even can file at later stage. IF no WS filed at all still you have right to file additional pleas. There is no bar to file additional pleas. You are always free to claim set off or raise counter claim if it is within limitation.
If you missed all these still you have full opportunity to disprove the contents and claim of plaintiff.
So enjoy.
prabhakar singh
(Expert) 30 June 2013
The query is precise and about consequences
that may arise legally upon non filing of a written statement by the plaintiff in reply to the counterclaim filed by the defendant.
Right to file counterclaim by defendant is conferred by order VIII rule 13 and procedurally regulated by rules 14 to 17 of C.P.C.
A counter claim is treated as plaint and its reply is to be furnished under order VIII rule 18 well within time as is required for filing a W.S. in reply to plaint,that is within 30 days from it's submission by plaintiff or within 30 days from service of summons of counterclaim on those who are fresh parties in counterclaim.This time may be enlarged by court but for reasons to be recorded which would not be beyond 90 days in any case as laid in order VIII rule 1 of C.P.C applies to a Counterclaim too.
However respondents(be them plaintiffs or strangers)to a counterclaim are clubbed with a preferred right to apply court under O.VIII R. 19 C.P.C,before filing reply to show court that counterclaim should not be entertained as points involved can be tried properly only by a separate suit.
Under order VIII R.20 a Counter Claim can proceed independent of suit.
The consequences of non filing reply to a Counter Claim would be same as it happens to non filling of a W.S. by defendant to a plaint albeit with exception of any order passed under order VIII rule 19 of C.P.C.
This was all about query.
Without disagreeing with details discussed in reply of Mr.J K Agrawal I have not experienced any surprise in procedure followed by courts as after accepting the plaint,they issue summons in which one moths date is fixed for W.S.and a date for issues is also fixed.The discovery or interrogatory etc. are rights and the business and the choice of parties.Courts have nothing to do if a party does not exercise them.
So in my opinion advice of Adv Archana referring O.VIII is correct.
Dr J C Vashista
(Expert) 02 July 2013
Very well explained by Parbhakar Singh ji and Ms. Archana, I concur with them.
I humbly disagree with Mr Agarwal that not a single court in India follow the actual procedure laid down under CPC
Raj Kumar Makkad
(Expert) 02 July 2013
The issue was written statement on behalf of plaintiff and not by defendant. Please see he query carefully. In view of that the reply of adv. Archana is not relevant. Ld. Singh sir and Aggarwal have rightly opined on the issue dealing with different aspects.
