Written statemnt

rahul (Querist) 06 October 2015 This query is : Resolved
Respected Sir,

In a written statement, Defendant has neither admitted nor denied the certain fact alleged against him.

This means that he has admitted those Fact ?

Thank you.

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R.K Nanda (Expert) 06 October 2015
state full facts of case.

Hemant Agarwal (Expert) 07 October 2015
1. In a criminal case, the defendant (accused) is not at all bound to "admit or deny" any allegations against him. The accused can chose to remain quiet and let the prosecution fall under its own weight, without any reference to the defendant (accused).

2. In a criminal case the complainant (prosecution) has to prove his case with cogent documentary evidences and witnesses, and not the accused. The accused may give ONLY his "memo of written arguments" in support of his defence, at the end of the Trial, which the judge is bound to follow.

Keep Smiling .... Hemant Agarwal
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SAINATH DEVALLA (Expert) 07 October 2015
Rightly analysed by Mr.Hemant,nothing more to add.

Rajendra K Goyal (Expert) 07 October 2015
Agree with the advise from expert Hemant Agarwal.

rahul (Querist) 07 October 2015
Thank you to all.

P. Venu (Expert) 07 October 2015
Are you referring to a civil or criminal proceedings?

rahul (Querist) 08 October 2015
Respected P. Venu Sir,

I am talking about civil suit for possession.

Thank you.

Hemant Agarwal (Expert) 09 October 2015
1. The above reply quoted by me, was on the presumption that the questioner's issue was related a Criminal matter.

2. The above reply quoted by me, stands good for Criminal matters.

Note: One of the Experts had "PM" me, pointing out the error, on my part.

Keep Smiling .... Hemant Agarwal
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rahul (Querist) 10 October 2015
O.k. Hemant agarawal sir,

then my questions is not answered.

Does this amount to admission ?

Thank you.

SAINATH DEVALLA (Expert) 10 October 2015
Thats why the querist should give full facts of the case.

Written Statement

When the notice has been issued to the defendant, he is required to appear on the date mentioned in the notice.

Before such date, the defendant is required to file his "written statement", i.e. his defence against the allegation raised by plaintiff, within 30 days from date of service of notice, or within such time as given by court

The written statement should specifically deny the allegations, which defendant thinks are false. Any allegation not specifically denied is deemed to be admitted.

The written statement should also contain verification from the Defendant, stating that, the contents of written statement are true and correct.

The time period of 30 days, for filing a Written Statement, can be extended to 90 days after seeking permission of the court.