Written Statement Format

When writing a statement on behalf of a defendant, it’s important to maintain a formal and factual tone. The purpose of this statement is to present the defendant’s perspective on the matter at hand.

Here is a basic written statement format you can follow.

What is a Written Statement?

In the context of the Code of Civil Procedure (CPC), a written statement is a formal legal document filed by the defendant in response to a plaintiff’s complaint or petition. This document serves to outline the defendant’s defences, denials and counterclaims, if any. The written statement should be concise and focus on the key issues in the case. It is a crucial part of the legal process and helps shape the direction of the lawsuit.

The defendant is required to admit or deny each allegation made by the plaintiff and present any affirmative defences they may have. Additionally, if the defendant has any claims against the plaintiff, these may be included as counterclaims in the written statement. It’s essential to adhere to the legal requirements and deadlines when filing a written statement in accordance with the CPC.

Components of Written Statement Format

Here are the key components typically found in a written statement format according to the CPC:

• Title: The title should clearly state that it is a “Written Statement” filed under the CPC. It should also include the case number and the names of the parties involved.
• Introduction: Begin with an introductory paragraph that identifies the defendant, their address and their role in the case.
• Background: Provide a brief background of the case, including the plaintiff’s claims and the circumstances that led to the lawsuit. Mention the court where the case is filed.
• Response to Allegations: Respond to each allegation made by the plaintiff in their complaint. Clearly indicate whether the defendant admits, denies, or lacks knowledge of each specific allegation. Use a numbered list for clarity.
• Affirmative Defenses: Include any affirmative defences that the defendant wishes to raise. These are legal arguments that, if proven, could excuse the defendant from liability.
• Counterclaims: If the defendant has any claims against the plaintiff arising from the same set of circumstances, these should be presented as counterclaims in the written statement.
• Witnesses and Evidence: Mention any witnesses or evidence the defendant intends to rely on during the trial to support their defence.
• Legal Citations: If there are relevant legal statutes, case law, or precedents that support the defendant’s position, reference these in the written statement.
• Relief Sought: Clearly state what the defendant seeks from the court. This may include a request for the case to be dismissed, a specific judgment, or any other appropriate relief.
• Verification: The written statement should typically be verified by the defendant or their legal representative, confirming that the contents are true and correct to the best of their knowledge and belief.
• Date and Signature: Sign and date the written statement and include the name and designation of the person signing it.
• Annexures: Attach any relevant documents, exhibits, or evidence that support the defendant’s case. Refer to these in the written statement.

Sample Written Statement Format

The written Statement on Behalf of the Defendant’s format is given below.

IN THE COURT _____________OF CIVIL JUDGE

(DISTRICT __________), ____________

SUIT NO. __________ OF 20XX

X_______________                                                                                           ….             PLAINTIFF

                                                                                VERSUS

Y_________________                                                                                      …..            DEFENDANT

                                   WRITTEN STATEMENT OF BEHALF OF THE DEFENDANT

 MOST RESPECTFULLY SHOWETH:

PRELIMINARY OBJECTIONS:

 1. That the suit is barred by limitation under Article _________ of the Limitation Act and is liable to be dismissed on this short ground alone.

2. That this Hon’ble Court has no jurisdiction to entertain and try this suit because ______________

 3. That the suit has not been properly valued for the purpose of court fees and jurisdiction and is therefore liable to be rejected outrightly.

 4. That there is absolutely no cause of action in favour of the Plaintiff and against the Defendant. The suit is therefore liable to be rejected on this ground also.

5. That the suit is bad for non-joinder of necessary parties, namely _________________

6. That the suit is bad for mis-joinder of Z.

7. That the suit is barred by the decree dated _____________ passed in suit No. __________ titled Y Versus X by Sh. _______________, Sub-Judge, ________, The present suit is therefore barred by the principle of res-judicata and therefore liable to be dismissed on this short ground alone.

 8. That the suit is liable to be stayed as a previously instituted suit between the parties bearing No. ________ is pending in the Court of Sh. _____________, Sub-Judge, _________

9. That the suit has not been properly verified in accordance with law.

10. That the Plaintiff’s suit for permanent injunction is barred by Section 41 (h) of the Specific Relief Act since a more efficacious remedy is available to the Plaintiff. The Plaintiff has alleged breach of contract by the Defendant. Assuming, though not admitting, that Defendant has committed any alleged breach, the remedy available to Plaintiff is by way of the suit for specific performance and not sent for specific performance.

11. That the Plaintiff’s suit for a permanent injunction is also barred by Section 41 (i) of the Specific Relief Act because he has not approached this Hon’ble Court with clean hands and his conduct has been most unfair, dishonest and tainted with illegality.

12. That the Plaintiff’s suit for declaration is barred by Section 34 of the Special Relief Act as the plaintiff has omitted to claim further consequential relief available to him.

13. That the suit is barred by Section 14 of the Specific Relief Act as the contract of personal service cannot be enforced.

14. That the suit is liable to be dismissed outrightly as the Plaintiff has not given the mandatory notice under Section 80 of the Code of Civil Procedure/Section 14 (1) (a).

 15. That the suit is liable to be dismissed as the Plaintiff firm is not registered under Section 69 of the Indian Partnership Act and as such is not competent to institute this suit.

 16. That the present suit is barred by Section 4 of the Benami Transaction (Prohibition) Act, 1988 and is therefore liable to be dismissed outrightly.

ON MERITS:

 Without prejudice to the preliminary objections stated above, the reply on merits, which is without prejudice to one another, is as under-

1. That para 1 of the plaint is correct and is admitted.

2. That the contents of para 2 of the plaint are denied for want of knowledge. The Plaintiff is put to the strict proof of each and every allegation made in the para under reply.

3. That the contents of para 3 of the plaint are absolutely incorrect and are denied. It is specifically denied that the Plaintiff is the owner of the suit properly. As a matter of fact, Mr. N is the owner of the suit properly.

 4. That with respect to para 4 of the plaint, it is correct that the Defendant is in possession of the suit properly. However, the remaining contents of the para under reply are absolutely incorrect and are denied. It is specifically denied that ___________ 5-10. (Each and every allegation must be replied to specifically depending upon the facts of each case. The above reply on merits is therefore only illustrative in nature.)

11. That para 11 of the plaint is incorrect and is denied. There is no cause of action in favour of the Plaintiff and against the Defendant because ____________ The Plaintiff is therefore liable to be rejected outrightly.

12. That para 21 is not admitted. This Hon’ble Court has no jurisdiction to entertain this suit because the subject matter of this suit exceeds the pecuniary jurisdiction of this Hon’ble Court.

13. The para 13 is not admitted. The suit has not been properly valued for the purpose of court fees and jurisdiction. According to the Defendant, the correct valuation of the suit is Rs ____________

 PRAYER:

 It is, therefore most respectfully prayed that this Hon’ble Court may be pleased to:

 a) Dismiss the suit of the plaintiff.

 b) Award costs to the defendant.

 c) Pass any other just and equitable order as deemed fit in the interest of justice.

                                                                                                                                                               DEFENDANT

                                                                                                                                        THROUGH

Place________                                                                                                                       

 DATE_________                                                                                                                                    ADVOCATE

VERIFICATION:

Verification at _______ on _______ day ________ of, 20XX that the contents of paras 1 to ____ Of the preliminary objection and para ____to _____ of reply on merits are true to my personal knowledge and those of paras _____ to _____ of preliminary objection and para _____to _____ of reply on merits are true & correct on the basis of legal advice received and believed to be true.

                                                                                                                                                               DEFENDANT

Please note that it’s essential to consult with a lawyer or legal professional when preparing such a statement to ensure it aligns with the specific legal requirements and strategies for your case. This format is a general guideline and may need to be adjusted based on your particular legal situation.