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Written Statement contained containe d in order order 8 rule 1 of C.P C.P.C. .C. Written Statement is a reply to the plaint filed fil ed by the plaintiff. plain tiff. A Written Written Statement is the pleading of the defendant defend ant wherein he deals with every material fact fac t alleged by the Plaintiff in his plaint and also state any new facts in his favour favour or takes takes legal objections against against the claim of the plaintiff.
A de deffen enda dant nt sh shou ould ld,, wit ithi hin n th thiirt rtyy da dayys from the serv rviing of summons on him, present a written stat st atem emen entt on his def efen ensse. Th Thee sa said id per eriiod ca can n be extten ex ende ded d up to nine ninety ty da dayys.
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Written Statement should sho uld state facts and a nd not law. law. The facts stated should be material. The facts stated should be in concise form.
The Written Written Statement Should Sho uld contain following foll owing particularsy
The name of the court in which the suit is brought.
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The name descripti description on and place place of residence of the plaintiff.
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The name descripti description on and place of residence reside nce of the defendant, so far as they can be ascertained; The facts denying all the allegations made by the plaintiff in the plaint; The facts showing showin g that the court has jurisdi jurisdiction ction or not or any cause of action arise or not. Claim for relief against the averments made by plaintiff in the Plaint.
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IN THE
CITY CIVIL COURT COURT,AT ,AT AHMEDABAD AHMEDABAD CIVIL Suit No. 100 of 1992
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Rajnikant Rampr Rajnikant Ramprasad asad Pandya, Pandya, Hind Hindu, u, Adult, aged about 50 years, residing at 15,Paradise Park, Usmanpura, Usmanpur a, Ahmedbad
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Ramanbhai Mohanbhai Patel, Hindu, Adult, aged about 55 years, residing at a t 35,Patidar society, society, Paldi, Paldi, Ahmedabad
The Written Statement on behalf of the defendant above named: 1.
That the defenda defendant nt denies that he entered into an agreemen agreementt to sell and that the plaintiff paid Rs. 1,oo,000 or any other amount to to him as earnest money as alleges in Para 1 of the plaint.
2.
That defendant denies that on June 1, 1991 or on any other date, the Plaintiff tendered any amount to him and called upon him to execute execute the sale deed as alleged in Para 2 of the plaint. Since it is not true that defendant executed any agreement to sell the suit property to the plaintiff and the plaintiff plaintiff being ready and willing to perform his part of the alleged contract did not arise at all and the whole story is got up and false.
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The defendant says that in view of what is stated above, the the plaintiff has no cause of action to file suit against him.
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The defendant therefore, submits that the plaintiff is not entitled to any of the reliefs claimed by b y him in the plaintt and the suit filed by him be dismiss plain dismissed ed with costs.
ABC Defendants Defenda nts advocate
.. Defendant
I,
Ramanbhai Mohanbhai Patel, the defendant aboveabovenamed do solemnly declare that what what is stated in Paras 1 and 2 is is true to my knowledge and that that what is stated in remaining remaining paras is stated on information receiv received ed by me & I belie believe ve it to to be true. . Defendant
Rules 1 to 5 and 7 to 10 deal with special points regarding filing of a written written statement. statement. 1.
The defense can not be rejected on the ground that the legal effect of the facts was not stated.
2.
The denial must be specific.
3.
The denial should not be vague or evasive.
4. Ev Every ery allegation of fact if not denied specifically and stated to be not admitted admitted
shall be taken to be admitted. 5.
Several distinct grounds should be stated separately.
6. For any new ground arisen after institution of suit, suit , court court is empowered to take
notice of it. 7.
If
the defenda defendant nt fails to present his written statement within the time permitted , the court court will pronounce the judgment against defendant.
1. 2. 3. 4. 5. 6.
Have full, comprehensive and accurate instructions before you commence drafting. Have a Chronology that has been verified and approved. All relevant events are covered and to ensure accuracy of the facts. Identify as many relevant documents as you can and make early assessments that might be associated with its admissibility as evidence. Identify relevant witnesses for both parties to the dispute. Identify the relevant jurisdiction and the applicable court/tribunal practice and procedure and study it. Organise it and present pres ent it in a way, way, format forma t and style that makes ma kes it easily readable and understandable.
Thank you.
