A "written statement" is a formal response submitted by the defendant in a civil suit in reply to the plaint/petition filed by the plaintiff/complainant. It contains the defendant’s version of facts, denials, and any legal defenses they wish to raise. It is governed under Order VIII of the Code of Civil Procedure, 1908 (CPC) in India.
Here is a general format/template of a written statement in civil proceedings:
IN THE COURT OF [Name of the Judge] AT [Location]
Civil Suit No. [XXXX] of [Year]
IN THE MATTER OF:
[Plaintiff’s Name],
...Plaintiff
VERSUS
[Defendant’s Name],
...Defendant
WRITTEN STATEMENT ON BEHALF OF THE DEFENDANT
MOST RESPECTFULLY SHOWETH:
-
That the defendant denies each and every allegation made in the plaint unless specifically admitted herein.
-
That paragraph-wise reply to the plaint is as under:
Preliminary Objections (if any):
a. That the suit is not maintainable in its present form.
b. That the plaintiff has not approached this Hon’ble Court with clean hands.
c. That the suit is barred by limitation (if applicable).
d. [Any other legal objection]
PARA-WISE REPLY:
Para 1: The contents of para 1 of the plaint are wrong and denied. It is submitted that... [Insert rebuttal].
Para 2: The contents of para 2 are partly correct to the extent that... [Admit/deny/explain].
Para 3: [Repeat as needed for all paragraphs in the plaint]
DEFENSES:
-
That the plaintiff has suppressed material facts.
-
That the defendant acted in good faith and in accordance with law.
-
That the plaintiff is not entitled to any relief as claimed.
PRAYER
In view of the foregoing, the Defendant most respectfully prays that this Hon’ble Court may be pleased to:
a. Dismiss the suit of the Plaintiff with costs;
b. Pass such other and further orders as this Hon’ble Court may deem fit and proper in the interest of justice.
AND FOR THIS ACT OF KINDNESS, THE DEFENDANT AS IN DUTY BOUND SHALL EVER PRAY.
[Place]
[Date]
[Signature of Defendant]
[Name of Advocate, if any]
Counsel for the Defendant
No comments:
Post a Comment