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.
