Written Statement
- A written statement is an document which describes the pleadings submitted by the defendant in response to the claim presented in the plaint by the plaintive.
- In this document. The defendant have to address each and every material fact alleged in the plaint is also allowed to introduce new facts, which can support his own defence or raise any legal obligation to the plaintiff claim.
- It should also be noted that statement can be filed either by the defendant himself or through and Agent/ Advocate.
- In the case of multiple defendants submitting a common written statement. It is required to be signed by all of the defendants, however, only one defendant can also be considered sufficient, who is familiar with the facts of the cases and is capable of submitting an affidavit along with the verification,
- But a written statement filed by only one defendant would not be binding on the other defendant.
- It is also highlighted that the defendant should file the statement within 30 days, from the date of the service of Suman, however, the court can grant an extension align submission up to 90 days in total.
- Key points on how to draft statement:
- The written statement needs a formal title, mentioning the name of the court case number part is name and their designation as plaintiff or defendant.
- It can also contain preliminary objection if any, such as the lack of jurisdiction or any of the parties,
- The written statement should have a response to each paragraph of the plaint, either admitting denying or stating the insufficient knowledge to admit or deny,
- It should cover a response to each and every paragraph of the plaint.
- The defendant can also include any additional information in his favour while writing a written statement raising counter claim or set off if it is applicable for the case,
- The language language to be used in a written statement should be formal and in the third person,
- The statement should include a verification class in the end, where the defendant affirms the truthfulness of the content to best of his knowledge and belief along with the date, place, and his signature.
Sample Draft
IN THE COURT OF THE HON’BLE PRINCIPAL JUNIOR CIVIL JUDGE
AT: MEDCHAL
O.S. No: 420 of 2021
BETWEEN:
Mr. A. Rakesh ….Plaintiff
AND
Mr. J. Dinesh ….Defendant
WRITTEN STATEMENT FILED ON BEHALF OF DEFENDANT UNDER ORDER VIII OF CPC
May it please your Honor,
The above-named defendant begs to submit his written statement as under:
That in reply to the contents of para 1 and para 2 of the Plaint, which are the descriptions of the parties, hence, no reply is necessary.
That in reply to the contents of paras 3, 4, and 5, the same are false and invented for the purpose of the case. Hence, the defendant denies that he is a stranger to the suit schedule land, and that the plaintiff is the owner, pattadar, and possessor of agricultural lands measuring an extent of Ac. 1-10 Guntas in Sy. No: 528 and Ac. 1-10 Guntas in Sy. No: 529 situated in Mallapur Revenue Village of Kandla Mandal, Medchal-Malkajgiri District.
I submit that I am the adjacent landowner to the plaintiff’s land, and I am not in collusion with anyone. I did not demand the plaintiff to sell the suit schedule land for my convenience, nor did I bear any grudges or have greedy intentions toward the plaintiff, and I did not attempt to occupy the suit schedule land.
That on 20-11-2021, when the plaintiff was plowing the suit schedule land with a tractor, I did not obstruct the plaintiff, nor did I abuse or warn him.
It is humbly submitted that the plaintiff has no right to obtain a perpetual injunction against me, as I have not made any illegal entry or caused any obstruction to the plaintiff’s work or peaceful possession. On the contrary, I, the defendant, have been subjected to mental stress. Hence, the remedy claimed by the plaintiff has no basis.
It is submitted that the contents thereof are false, and the balance of convenience is not in favor of the plaintiff. Therefore, the defendant seeks due justice in light of the facts and circumstances.
In view of the above, it is humbly prayed that this Hon’ble Court may be pleased to dismiss the suit filed by the plaintiff as an illegal claim, with exemplary costs, and to pass such other or further orders as this Hon’ble Court may deem just and proper in the interest of justice and fair play.
Place: KANDLAKOYA
Date: 15-12-2021
Sd/-
Defendant
Sd/-
Counsel for Defendant
VERIFICATION
I, J. Dinesh, the above-named defendant, hereby declare that the contents mentioned in the above paragraphs are true and correct to the best of my knowledge and belief. Hence verified.
Place: KANDLAKOYA
Date: 25-12-2021
Sd/-
Defendant
Filed through:
Sd/-
Counsel for Defendant
