Written Statement vs Counter | Difference Between Written Statement and Counter in Civil Cases (CPC)

 

Written Statement and Counter Affidavit on CPC law book placed in an Indian courtroom setting with a judge's gavel


Written Statement and Counter are actually not very different. Both are reply documents, but the way they are used and referred to in court is slightly different.


What is a Written Statement?

A Written Statement means the answer or reply document filed by the defendant in a civil case.

In a lawsuit, the document in which the defendant gives a reply or response to the plaintiff's case is called a Written Statement.

What is a Counter?

A Counter is also an answer or reply document. But it is usually filed in petitions or interlocutory applications (I.As).
So, the basic difference is:
• Written Statement is filed in the main suit by the defendant.
• Counter is filed in petitions or I.A.s related to the suit by the respondent.

Who Can File?

• Written Statement is filed only by the defendant.
• Counter can be filed by both plaintiff and defendant, depending on who is replying to the petition or application as respondent.

Content and Coverage

• Written Statement is usually detailed. It covers the full reply to the entire case.
• Counter is often short and to the point. It replies to only one specific matter or application.
However, Counters in Execution Petitions (E.Ps) can be detailed, depending on the matter.

Time Limit to File

• Written statement should be filed within 30 days after receiving court summons by the defendant.
But the Court Can extend time upto 90 days maximum,if court satisfied with the reason for delay.
If the defendant still fails to file written statement even after 90 days , defendant's right to file written statement will be forfeited.
• Counter Should be filed within 30 days by the respondent. Otherwise respondent's right to file counter will be forfeited.


Legal Provision

• Written Statement is filed under Order VIII Rule 1 of CPC.
But even if you don’t write the Section while filing, it is not wrong. Just writing “Written Statement filed on behalf of the defendant” is enough. Because the Section is not compulsory to be mentioned.

• Counters usually don’t mention any Section or Order, and it's also not necessary.
while filing, Just writing “Counter filed on behalf of the Respondent” is enough.

What Civil Procedure Code (CPC), 1908 Says About Written Statement:

In CPC, Order 8 Rule 1 says about Written Statement as:
The defendant must file a written statement of his defence within 30 days from the date of receiving summons.
The court may allow the defendant to file it up to 90 days, but only if the court is satisfied with the reasons for delay.
After 90 days, the defendant may lose the right to file the written statement, and the court may proceed without it.
Location: Hyderabad, Telangana, India

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