IN THE CITY CIVIL COURT OF CHENNAI

O.S NO. 285 OF 2020

RAMESH …. PLAINTIFF

VS

SAMUEL … DEFENDANT

WRITTEN STATEMENT FILED BY THE DEFENDANT UNDER ORDER VIII RULE

1 OF CPC

The above named defendant respectfully submits as follows:

1. The address for service of all notices and processes of this Hon’ble Court
on this defendant is that of her/his counsel Ms. Advocate, having
office at No…..

2. The defendant at the outset denies all the averments made in the plaint
except those that are specifically and expressly admitted herein. The plaintiff
has not approached to prove his case with clean hands and also has not
approached with any valid or true documents. The defendant submits that
this suit is not maintainable either on facts or in law and is liable to be
dismissed in limine.

3. The defendant submits that the present suit filed by the plaintiff for
recovery of money against the defendant for an alleged due of Rs. 32,63,000/-
(Rupees thirty two lacs sixty three thousand only) along with interest from the
date of filing the plaint is absolutely false or vexatious.

4. The plaint does not disclose and valid cause of action as well as
jurisdiction against the defendant and the cause of action alleged is itself
false. The suit claimed by the plaintiff against the defendant is frivolous. The
defendant states that the suit has been filed by the plaintiff on the basis of
surmises and the averments and jurisdictions made in the plaint are cooked
up and inserted for the purpose of filing this suit against the defendant only
to harass the defendant.

5. The defendant vehemently denies the averments made in para 3 of the

plaint and the same is false and malicious. The defendant submits that he had
borrowed the sum of Rs. 25,00,000/- (Rupees… ) towards his daughter’s
wedding as alleged by the Plaintiff. However, the defendant has made a
payment of Rs. 20,00,000/- (Rupe…) on …. by way of cheque dated ….. drawn
on….. bearing no…. which the plaintiff has conveniently concealed to this
Hon’ble Court. The receipt of this amount i.e. 20 lacs was received and
acknowledged by the defendant on …..

6. The defendant is a very well to do person/ an affluent and need not borrow
any money from any person to conduct the wedding of his daughter.
Therefore, the plaintiff has come with malicious notions to defame the
defendant to take revenge against the defendant.

7. The plaintiff insisted the defendant to give signed blank promissory notes
to the plaintiff. At the instance of the plaintiff, the defendant was left with no
other alternative option, but to sign blank promissory notes. The fact being
so, the plaintiff unilaterally filed the blank promissory notes signed by the
defendant with a malafide intention to grab the money from the defendant.
Hence, the plaintiff has misused the bland signed PN given by the defendant
based on trust to the plaintiff.

8. The defendant submits that he neither obtained any loan fro the p;aintiff
nor executed any promissory note or cheque etc.
The def further submits that the alleged PN was not intended for any legally
enforceable debt to the plaintiff.

9. The defendant denies the averments made in Para 6 of the plaint and the
same is false.

Hence, the plaintiff cannot file the suit before this Hon’ble Court and the suit
has to be dismissed on the above grounds pleaded.
The cause of action alleged is false and the suit is liable to be dismissed as
the suit claim against the defendant is devoid of merits. The def states that
the plaintiff’s claim against the defendant is false and frivolous which is not
sustainable in the eye of law.

It is therefore prayed that this Hon’ble court may be pleased to dismiss the
suit with costs and thus render justice.

Dated at ….. on this the …. day of …… 2020

COUNSEL FOR DEFENDANT DEFENDANT

VERIFICATION

I, ………… the defendant herein, do hereby verify and declare that the facts
stated in the above paragraphs are true to the best of my knowledge, belief
and information
Verified at C…. on this the …. of …. 2020

DEFENDANT