Written statement
Also called: defendant's reply
The defendant's written reply to a plaint in a civil suit, answering each allegation and setting out the defence. It must be filed within 30 days of the summons, extendable up to 90 days.
A written statement is the defendant's answer to the plaint. It admits or denies each allegation, sets out the defendant's own version, raises legal objections such as limitation or jurisdiction, and can include a set-off or counter-claim.
Time limit
Order VIII Rule 1 of the Code of Civil Procedure, 1908 requires the written statement within 30 days of service of summons. The court can extend this, for reasons recorded in writing, but not beyond 90 days from service. In commercial suits under the Commercial Courts Act, 2015, the outer limit of 120 days is strict, and the Supreme Court has held that the right to file is lost after that.
Deny specifically
Under Order VIII Rules 3 to 5, a general denial is not enough. Each allegation of fact must be dealt with specifically; an allegation not denied may be treated as admitted.
- Go through the plaint paragraph by paragraph.
- Raise preliminary objections first, such as limitation, jurisdiction or valuation.
- File the documents you rely on with the written statement.
- Verify it and sign it as required.
Do not wait
Missing the deadline can mean the case proceeds without your defence. Engage an advocate as soon as you receive summons.
Draft a written statement in reply.
Checked against the sources below on 7 November 2026 IST. General information about Indian law, not legal advice for your case.