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V Written Statement contained in order 8 rule 1 of C.P.C.

Written Statement is a reply to the plaint filed by the

plaintiff. A Written Statement is the pleading of the
defendant wherein he deals with every material fact
alleged by the Plaintiff in his plaint and also state any
new facts in his favour or takes legal objections against
the claim of the plaintiff.

A defendant should, within thirty days from the

serving of summons on him, present a written
statement on his defense. The said period can be
extended up to ninety days.

V Written Statement should state facts and not law.

V The facts stated should be material.
V The facts stated should be in concise form.

The Written Statement Should contain following


The name of the court in which the suit is brought.

The name description and place of residence of the plaintiff.

The name description and place of residence 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 that the court has jurisdiction or not or any cause of
action arise or not.

V Claim for relief against the averments made by plaintiff in the Plaint.


Suit o. 100 of 1992

V j

V Rajnikant Ramprasad Pandya, Hindu, Adult, aged

about 50 years, residing at 15,Paradise Park,

Usmanpura, Ahmedbad

V Ramanbhai Mohanbhai Patel, Hindu, Adult, aged

about 55 years, residing at 35,Patidar society, Paldi,


The Written Statement on behalf of the defendant

above named:

That the defendant denies that he entered into an agreement to sell and that
the plaintiff paid Rs. 1,oo,000 or any other amount to him as earnest money
as alleges in Para 1 of the plaint.


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 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 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.

V The defendant says that in view of what is stated

above, the plaintiff has no cause of action to file suit

against him.

V The defendant therefore, submits that the plaintiff is

not entitled to any of the reliefs claimed by him in the

plaint and the suit filed by him be dismissed with

Defendants advocate


j, Ramanbhai Mohanbhai Patel, the defendant abovenamed do solemnly declare that what is stated in Paras
1 and 2 is true to my knowledge and that what is stated
in remaining paras is stated on information received
by me & j believe it to be true.

Rules 1 to 5 and 7 to 10 deal with special points

regarding filing of a written statement.

The defense can not be rejected on the ground that the legal effect of the facts
was not stated.


The denial must be specific.


The denial should not be vague or evasive.

4. Every allegation of fact if not denied specifically and stated to be not admitted

shall be taken to be admitted.


Several distinct grounds should be stated separately.

6. For any new ground arisen after institution of suit, court is empowered to take

notice of it.

jf the defendant fails to present his written statement within the time
permitted , the court will pronounce the judgment against defendant.


Have full, comprehensive and accurate instructions before you commence

Have a Chronology that has been verified and approved. All relevant events
are covered and to ensure accuracy of the facts.
jdentify as many relevant documents as you can and make early
assessments that might be associated with its admissibility as evidence.
jdentify relevant witnesses for both parties to the dispute.
jdentify the relevant jurisdiction and the applicable court/tribunal practice
and procedure and study it.
Organise it and present it in a way, format and style that makes it easily
readable and understandable.