Written Statement Format India — Free Templates & Samples
A Written Statement is a formal legal reply filed by the defendant in response to a civil plaint. Governed by Order 8 of the Code of Civil Procedure, 1908, it forms the foundation of the defence. Download free Written Statement templates and samples to draft a legally compliant defence.
What is Written Statement?
A Written Statement is the formal pleading filed by the defendant in a civil suit, responding to the allegations made by the plaintiff in the plaint. It is governed by Order 8 of the Code of Civil Procedure (CPC), 1908. Under Order 8 Rule 1, the defendant must file the written statement within 30 days from the date of service of summons, which the court may extend up to 90 days.
The written statement must specifically address every allegation made in the plaint. Under Order 8 Rule 3, any fact the defendant intends to rely upon must be stated, and allegations not specifically denied are deemed admitted under Order 8 Rule 5. The defendant can also raise preliminary objections, such as lack of jurisdiction, misjoinder of parties, or bar of limitation, under Order 8 Rule 2.
Additionally, the defendant can claim a "set-off" under Order 8 Rule 6 or file a "counterclaim" under Order 8 Rule 6A against the plaintiff. A written statement is legally valid if filed within the prescribed timeline, verified by an affidavit, and supported by the prescribed court fee. Any person sued in a civil court can file this document. Understanding what is Written Statement in Indian law is crucial, as failing to file a proper defence can lead to an ex-parte decree being passed against the defendant.
When This Format Required?
Defending Civil Suits: When you are sued for property disputes, breach of contract, or recovery of money, and must formally deny the allegations to prevent an ex-parte decree.
Raising Jurisdiction Objections: When the plaintiff has filed the case in the wrong court, and you need to challenge the territorial or pecuniary jurisdiction before arguing the merits.
Filing a Counterclaim: When you not only want to defeat the plaintiff's claim but also seek a legal remedy against them arising from the same transaction.
Asserting Set-Off: When the plaintiff owes you a debt that you want to adjust against the amount they are claiming from you.
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Quick Overview
Step-by-Step Guide
- 1
Review the Plaint and Summons
Read the plaint carefully to understand the plaintiff's claims, the reliefs sought, and the jurisdiction. Note the deadline for filing the written statement under Order 8 Rule 1 of the CPC, 1908.
- 2
Draft Preliminary Objections
Begin with preliminary objections under Order 8 Rule 2, such as misjoinder of parties, lack of territorial or pecuniary jurisdiction, res judicata, or the suit being barred by limitation. These can dismiss the suit without addressing the merits.
- 3
Deny or Admit the Plaint Allegations
Address every paragraph of the plaint. Specifically deny false claims under Order 8 Rule 3. Remember, facts not explicitly denied are deemed admitted under Order 8 Rule 5. Avoid vague evasions like "defendant has no knowledge."
- 4
State Affirmative Defences and Facts
Present your version of the facts and the legal grounds for your defence. Mention any payments made, correspondence exchanged, or legal bars that invalidate the plaintiff's claim.
- 5
Add Set-off or Counterclaim (If Applicable)
If the plaintiff owes you money related to the same transaction, claim a set-off under Order 8 Rule 6. Alternatively, file a counterclaim under Order 8 Rule 6A, which is essentially a cross-suit against the plaintiff.
- 6
Verify and File with Court Fees
Draft the verification clause at the end, affirming the statements are true to your knowledge and belief. Attach a notarized affidavit supporting the written statement. Pay the prescribed court fees, file the document with the court registry, and serve a copy to the plaintiff's counsel.
Disclaimer: This template is provided for general informational and drafting reference purposes only. It does not constitute legal advice. Stamp duty, registration, and procedural requirements may vary by state. Consult a qualified advocate before executing or filing any legal document. For more details, see our Disclaimer.