DRAFTING, PLEADING AND CONVEYANCING

WRITTEN STATEMENT IN SUIT FOR BREACH OF CONTRACT

In PARTIAL FULLFILMENT BA-LLB FIVE YEAR Course

ARMY INSTITUTE OF LAW

Submitted to: Submitted

by:

Dr. Amrita Rathi Ridhima Sethi

Asst. Professor of Law 1768

BA-LLB (4th YEAR)

 ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to my teacher Dr.

Amrita Rathi as who gave me the opportunity to do this wonderful
project on the topic ‘Written Statement in a suit for breach of Contract’,
which helped me in doing a lot of Research and I came to know about
so many new things.
I am thankful to and fortunate enough to get constant encouragement,
support and guidance from Ma’am.

Thank you .
 INTRODUCTION

What is a written statement?

In legal dictionary, the word written statement means a pleading for defence. In other words,
a written statement is the pleading of the defendant wherein he deals with every material fact
alleged by the plaintiff along with any new facts in his favour or that takes legal objections
against the claim of the plaintiff.

When the notice has been issued to the defendant, he is required to appear on the date
mentioned in the notice. Before such date, the defendant is required to file his written
statement, within 30 days from date of service of notice, or within such time as given by
court. The written statement should specifically deny the allegations, which defendant thinks
are false. Any allegation not specifically denied is deemed to be admitted. The written
statement should also contain verification from the Defendant, stating that, the contents of
written statement are true and correct.

Order VIII provides for the filing of a written- statement, the particulars to be contained
therein and the manner of doing so. It requires what a written statement should contain.
Before drafting the written statement. it is the duty of the defendant to study the plaint
thoroughly and all the documents submitted by the plaintiff with the plaint in support of his
claim. After the thorough study of the plaint and supported documents a para wise answer of
the plaint can be prepared.

What is a Contract?
A contract is a legally binding document between at least two parties that defines and governs
the rights and duties of the parties to an agreement. According to section 2(h) of the Indian
Contract Act, 1872, ‘An agreement enforceable by law is a contract.’

When is a contract breached?

Section 73 of the Indian Contract Act, 1872 deals with the breach of contract. Breach of
contract is a legal cause of action & a type of civil wrong, in which a binding agreement  is
not honoured by one or more of the parties to the contract. There are certain valid defences
available to the party breaching the contract, which are often stipulated in the agreement.

ILLUSTRATION

There is a registered firm M/s White Ltd situated in Mohali. This firm basically deals in
supplying furniture.

A person named Mr. Mohan S/o Lal Chand R/o Sector 68, Mohali, wants to start a hotel in
Kharar (Distt. Mohali) for which he ordered furniture from M/s White Ltd. The order
included furniture for hotel rooms, dining area and the reception. Both the parties entered into
a contract in which Mohan ordered furniture worth ₹ 60,00,000 for which he also made an
advance payment of ₹ 20,00,000 and the complete order was to be delivered within 1 month.
On 15 th April 2020, i.e after the completion of the 1-month time period, Mr. Mohan was
going to inaugurate his hotel for which he had called around 100 guests which included some
of the leading businessmen of the country. However, on 10 th April 2020, Mohan called to
inquire regarding the delay in the delivery of the furniture but the furniture did not reach the
hotel till the midnight of 14th April 2020. Due to this he had to cancel the inauguration of the
hotel and subsequently filed a suit for Breach of Contract against M/s White Ltd. claiming the
damages as well as the delivery of the furniture.
 IN THE COURT OF CIVIL JUDGE (SENIOR DIVISION), MOHALI

CIVIL SUIT NO ____ OF 2021

Mohan, S/o Lal Chand, R/o sector 68, Mohali ………………………...……......Plaintiff

Vs.

M/s White Limited, Plot No. 43, Phase 7, Mohali………………………………. Defendant

Written Statement in suit for Breach of Contract

The above-named defendant replies as under:

1. That the defendant agrees with para 1 to para 5, that are general and introductory in
nature.
2. That para 6 is admitted as the agreement was entered into between the parties.
3. That para 7 is also admitted with regards to the advance payments as well as the
payment against supply.
4. That the defendant agrees with para 8 and para 9.
5. That para 10 is based upon frivolous allegations and is vehemently denied. As a part
of production process, finishing of furniture is the last step and is started 2 days prior
to the supply date i.e., in the matter, the finishing was scheduled from 6/4/2020 to
8/4/2020. On 6/4/2020 around 4’O Clock in the evening, supervisor Mr. Raj came to
the defendant in the factory, and told him that 3 workers who did the finishing work
were diagnosed as Corona Positive.
6. That as a responsible and seasoned businessman, taking the onus of written notice in
pursuance of Clause 3 of the agreement, a proactive formally written notice of
 extension of supply duly signed by defendant was handed over to the supervisor to
give it to the plaintiff immediately on the next morning, considering the contingencies
and time being a prime factor. But destiny had its own plans, the same supervisor was
also detected as corona positive on the same day.
7. That having met him, the defendant also felt feverish and was required to quarantine
himself in adherence to the guidelines issued by government of India. Taking the
precautions, the entire factory was closed immediately, to discontinue further
spreading of the virus.
8. That in response to para 11, 12 and 13, it is submitted that all the circumstances
enunciated above, the defendant was under tremendous pressure and in panic and
confusion, the defendant forgot to pick his glasses, mobile phone and wallet in his
drawer. Since, the entire factory was closed on immediate basis, no attempts were
made to restore the above articles from the factory. The delivery has not been made
because of causes outside the control of defendant.
9. That the defendant denies para 14 as there has been no breach of contract as the
circumstances were force majure (acts of god) as enumerated in clause 3 of the
agreement. The defendant had made sincere endeavours to notify the plaintiff as per
contractual terms.
10. That para 15 is denied with regards to the compensation.
11. That the defendant agrees with para 16.
12. That the defendant prays before the Hon’ble Court:
a. The defendant is ready to fulfil his part of obligations once the circumstances
normalize.
b. That the plaint is liable to be dismissed. There is no prima facie case in
favour of plaintiff as there has been no breach of contract and hence no
damages are liable to be payable.
c. To pass any other relief that the court may deem fit.

Sd/-…………….
Defendant
 VERIFICATION: -

I, Sohan, Director, M/S White limited, verify that, the facts stated above in the written statement are
true and there is no concealment of facts.

Sd/-
Sd/-Advocate
Defendant

Date ------------

Place-------------
 Annexures attached

1. Medical certificate of Mr. Raj

To Whom It May Concern

This is to certify that__________________ (patient’s name) of ____________________ (patient’s address)

MEDICAL CERTIFICATE
Was seen in my clinic on_________________(Date) with the following
diagnosis_________________________________________________________________________________________
To ___
Whom It May Concern

__________________________________________________________________________________________________
This is to certify that RAJ SINGH was seen in my hospital on 6/4/2020 and has been diagnosed
____
as Corona Positive.

The______________________________
patient is advised to quarantine himself and requires atleast 30 days for to rest and heal.

The
Seen bypatient requires ______________________days for to rest and heal.
Dr. Meena

Dr’sSeen by Dr. ______________________

Signature

Dr’s Signature_____________________

2. Meter Reading of factory as on 6/4/2020

Meter No. Units as on Units as on Total Units

06.04.2020 15.04.2020 Consumed
XYM512T 7345 7401 56

Average Units consumed per day in last 9 days = 6 units

Historical Average Units consumption per day = 315 units

3. Factory Register
Factory Inward Register – No entry in during the period
Factory Outward Register – No Entry out during the period