What is a Written Statement?
Written Statement Reply is a reply statement of the defendant in a suit specifically denying the allegations made against him by the plainti in his plaint. The provision regarding the written statement has been provided in the Code of Civil Procedure, 1908. A written statement may be filed by the defendant or by his duly authorized agent. In the case of more than one defendant, the common written statement led by them must be signed by all of them.
A written statement should be led within thirty days from the service of the summons on him. The said period, however, can be extended up to ninety days,(Rule -1). A defendant should present a written statement of his defense in the said period.
In a written statement, the defendant can specifically deny the allegations made in the plaint by the plaint against him. Besides this, he also can claim to set any sums of money payable by the plaintiff to him as a counter-defense.
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. Indicate whether the defendant admits, denies, or lacks knowledge of each specific allegation. Use a numbered list for clarity.
- Affirmative Defenses: Include any affirmative defenses 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 defense.
- 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.
Need Of Written Statement Reply?
A written statement ordinarily means a reply to the plaint filed by the plaintiff. It is the pleading of the defendant. Order 8 of the Code of Civil Procedure, 1908 (CPC) contains provisions in relation to written statement.
FAQ For Written Statement Reply
Q1. What is a reply to a written statement called?
Ans – “Replication” is a reply, filed by the plaintiff, against the “written statement” of Defendant. “Replication” should also specifically deny the allegations raised by the Defendant in written statement.
Q2. What happens after written statement?
Ans – Replications:- When the defendant has filed a written statement, the Court may call upon the plaintiff to file a written state- ment in reply.
Q3. How to prepare a written statement for court?
Ans – 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.
Written Statement Reply- Suit for Declaration & Partition
In the court of _____
In the matter of:-
_____ Versus _____
SUIT FOR DECLARATION & PARTITION
Written Statement on behalf of the Defendant No. _____
Sir,
The defendant No.1 most respectfully submits as under: –
REPLY PARAWISE:
1- That the contents of Para No.1 of the plaint are correct and admitted.
2- That the Para No.2 of the plaint is also correct and admitted. It is correct that _____.
3- That the Para No.3 of the plaint is also correct and admitted.
4- That the Para No.4 of the plaint is also correct and admitted. It is submitted that _____.
5- That the Para No.5 of the plaint is a matter of record.
6- That in Para No. 6 of plaint it is submitted the defendant No.1 has no knowledge about the said _____.
7- That the Para No.7 of the plaint _____.
8- That the Para No.8 _____.
9- That the Para No.9 of the plaint is correct and admitted.
REPLY TO PRAYER
That in reply to the prayer Para it is submitted that if _____ defendant No.1 has no objection.
PRAYER:
It is, therefore, prayed that the suit of the plaintiff may kindly be decreed as prayed for Defendant _____
_____ son of _____ resident of _____
Through counsel:
_____Advocate, _____
VERIFICATION:
Verified that the contents of the written statement are true to best of our knowledge and belief and nothing concealed therein.
Verified at _____ on _____
Defendant No.
