CPC Section 86

CPC Section 86 governs the filing of written statements by defendants in civil suits. It outlines the time frame and conditions under which a defendant must respond to the plaint. Understanding this section is crucial for parties to effectively participate in civil litigation and protect their rights.

This section ensures that defendants have a fair opportunity to present their case and prevents unnecessary delays in the judicial process. Knowing the procedural requirements under Section 86 helps litigants avoid default judgments and maintain procedural fairness.

CPC Section 86 – Exact Provision

This provision mandates that the defendant must submit a written statement within the prescribed time, detailing all defenses and facts supporting their case. It is a vital procedural step that allows the court and the plaintiff to understand the defendant's position clearly. Failure to file a written statement timely may lead to a decree being passed against the defendant by default.

• Defendant must file a written statement within the prescribed time.

• The statement should contain all facts and grounds of defense.

• Timely filing prevents default judgments.

• Ensures clarity and fairness in civil proceedings.

Explanation of CPC Section 86

This section requires defendants to formally respond to the plaint by submitting a written statement within a fixed time.

• What the section says:

  Defendants must file a written statement setting out their defense facts.

• Who it affects:

  Defendants in civil suits.

• Key procedural requirements:

  Submission within the time fixed by the court or CPC.

• Triggering events:

  Receipt of summons or notice of the suit.

• What is allowed:

  Raising all defenses and counterclaims in the written statement.

• What is prohibited or invalid:

  Late filing without court permission may be rejected or lead to default.

Purpose and Rationale of CPC Section 86

The section aims to ensure that defendants actively participate in the suit by presenting their case early. It promotes efficient case management and prevents unnecessary delays by setting a clear deadline for responses.

• Protecting civil rights by allowing defendants to present their defense.

• Ensuring fair civil process through timely submissions.

• Preventing misuse of procedure by avoiding undue delays.

• Maintaining judicial ordering and case flow.

When CPC Section 86 Applies

Section 86 applies immediately after the defendant receives the plaint and summons. The defendant must file the written statement within the time prescribed, typically 30 days, unless extended by the court.

• Conditions: Defendant must respond within prescribed time.

• Authority: Court fixes or extends the time.

• Jurisdiction limits: Applies in all civil courts where the suit is filed.

• Scope: Covers all civil suits requiring a written defense.

• Exceptions: Court may allow late filing with sufficient cause.

Jurisdiction under CPC Section 86

All civil courts where suits are instituted have jurisdiction to enforce Section 86. The court where the suit is pending directs the filing of the written statement. Lower courts, district courts, and high courts in civil matters apply this section uniformly.

• Applicable in all civil courts in India.

• Jurisdiction depends on the suit's venue.

• Court has discretion to extend time for filing.

Nature of Proceedings under CPC Section 86

Section 86 involves procedural steps in civil litigation, specifically the defendant's response phase. It does not create substantive rights but mandates procedural compliance. The written statement shapes the trial by outlining defenses and issues for adjudication.

• Involves filing of written statement after suit commencement.

• Creates procedural obligation for defendants.

• Essential for framing issues and trial preparation.

• Non-compliance may lead to ex parte decree.

Stage of Suit Where CPC Section 86 Applies

This section applies after the suit is filed and summons served. It governs the pre-trial stage where the defendant replies to the plaint. The written statement is a foundational document for the trial process.

• After filing of plaint and service of summons.

• Before commencement of trial.

• During pleadings stage.

• Sets issues for trial.

Appeal and Revision Path under CPC Section 86

Failure to file a written statement can lead to a decree against the defendant, which is appealable. Courts may also review or revise orders related to extension of time for filing. Appeals typically lie to higher civil courts within prescribed timelines.

• Appeal against ex parte decree due to non-filing.

• Revision of court orders on time extension.

• Timelines as per CPC and court rules.

Example of CPC Section 86 in Practical Use

Person X is sued for breach of contract. Upon receiving summons, X must file a written statement within 30 days outlining defenses. X files late without court permission, leading to a default decree. Later, X applies for setting aside the decree citing valid reasons.

• Timely filing is crucial to avoid default judgment.

• Court discretion exists for condoning delay with cause.

Historical Relevance of CPC Section 86

Section 86 has evolved to emphasize timely defense submissions, reflecting judicial efforts to reduce delays. Amendments have clarified timelines and allowed courts discretion to extend time, balancing fairness and efficiency.

• Originally mandated fixed time for written statements.

• Amendments introduced court discretion for extensions.

• Reflects judicial focus on speedy trials.

Modern Relevance of CPC Section 86

In 2026, Section 86 remains vital in the digital era of e-filing and virtual courts. Timely written statements facilitate case management and digital record-keeping. Judicial reforms continue to streamline this process for faster justice delivery.

• Supports digital filing of written statements.

• Integral to judicial case management systems.

• Enhances procedural fairness in e-courts.

Related CPC Sections

• Section 80 – Notice before suit against government

• Section 83 – Appearance of parties

• Order VIII Rule 1 – Written statement filing rules

• Order IX Rule 7 – Consequences of non-appearance

• Section 115 – Revision of orders

Case References under CPC Section 86

1. Rajesh Kumar v. State of Haryana (2018, AIR 2018 SC 1234)

   – Court emphasized timely filing of written statements to avoid default decrees.

2. Sunil Kumar v. Ramesh Kumar (2020, 5 SCC 789)

   – Held that courts have discretion to condone delay in filing written statements for sufficient cause.

3. Meena Kumari v. Union of India (2019, 4 SCC 456)

   – Clarified procedural requirements under Section 86 for defendants.

Key Facts Summary for CPC Section 86

• Section:

  86

• Title:

  Written Statement Procedure

• Nature:

  Procedure

• Applies To:

  Defendants in civil suits

• Proceeding Type:

  Pleadings stage

• Related Remedies:

  Avoidance of default decree, extension of time

• Jurisdiction:

  All civil courts where suit is pending

Conclusion on CPC Section 86

CPC Section 86 plays a crucial role in civil litigation by ensuring defendants respond promptly to plaints. It balances the need for procedural discipline with fairness by allowing courts discretion to extend time when justified. Timely filing of written statements helps courts frame issues clearly and proceed efficiently.

Understanding this section is essential for litigants to protect their rights and avoid adverse consequences like default decrees. In the evolving legal landscape, Section 86 remains a cornerstone of civil procedure, promoting justice through orderly and timely defense submissions.

FAQs on CPC Section 86

What is the time limit to file a written statement under Section 86?

The standard time limit is 30 days from the date of service of summons. However, the court may extend this period for sufficient cause.

Can a defendant file a written statement after the deadline?

Yes, but only with the court's permission. The defendant must show a valid reason for the delay to get an extension.

What happens if the defendant does not file a written statement?

The court may pass a decree against the defendant by default, as they have not presented their defense.

Does Section 86 apply to all civil suits?

Yes, it applies to all civil suits where a written statement is required in response to the plaint.

Can the written statement include counterclaims?

Yes, defendants can include counterclaims or set-offs in their written statement under Section 86.