Legal Desire Online Workshop on ‘Legal Drafting’

MODULE 1: DRAFTING OF WRITTEN STATEMENT

WHAT IS WRITTEN STATEMENT?

The object of providing the time schedule for filing the written statement under Order VIII,
rule 1, Code of Civil Procedure is to expedite and not to scuttle the hearing. The limitation
for filing written statement does not apply to the suits filed on the original side of the
chartered High Courts1.
Order VIII, rule 1 of the first schedule of the Code of Civil Procedure, which says that the
defendant may, and, if so required by the court shall, at or before the first hearing or within
such time as the court may permit, present a written statement at his option at or before the
first hearing of the suit and even afterwards within such time that the court may permit.
After substitution for rule 1 of Order VIII by the Code of Civil Procedure (Amendment) Act
(22 of 2002) with effect from July 1, 2002 the defendant shall, within thirty days from the date
of service of summons on him , present a written statement of his defence. But where the
defendant fails to file written statement within the said period of 30 days, he shall, on an
application filed by him for extension of time, be allowed to file the same on such other day,
as may be specified by the court, for reasons to be recorded in writing, but extension of
time shall not be later then ninety days from the date of service of summons.

Written Statement:
 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", i.e. his
defence against the allegation raised by plaintiff, 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.
 The time period of 30 days, for filing a Written Statement, can be extended to 90 days
after seeking permission of the court.

Written Statement is the reply by the defendant to the Plaint filed by the Plaintiff.

We have earlier given a sample plaint in previous chapter. So let us move ahead how to
draft written statement with the help of same example.

1
Iridium India Telecom Limted v. Motorola Inc., AIR 2005 SC 514

© Copyright Legal Desire 2014 www.leg aldesire.com

 Legal Desire Online Workshop on ‘Legal Drafting’
SAMPLE PLAINT

PLAINT FOR SUIT AGAINST AGENT BY PRINCIPAL FOR MISAPPROPRIATION

In the Court of……………….. at……………………….

A B (add description and residence) Plaintiff

Versus

C D (add description and residence) Defendant

Suit for Recovery of Rs………………….. misappropriated by agent.

Facts:

The Plaintiff begs to submit as under:

1. That there was a litigation between the plaintiff and his brothers, E F and G H, which was
referred to the arbitration of the defendant who gave an award under which Rs………….. were
payable by the plaintiff to the brother, vide copy of decree No……. passed on…………… the
basis of the award in the court of …………….at…………… filed with plaint.
2. That the plaintiff owned Rs……… to J K on the basis of a hundi dated……….
3. That the plaintiff remitted Rs……….. to the defendant on ……….and instructed him to pay
Rs………to the brothers of the Plaintiff under the said award and to pay Rs………..to J K for the
discharge of the hundi.
4. That it has now transpired that the defendant neither paid an amount to E F and G H nor to J K,
on the other hand the defendant obtained an assignment of the hundi from J K in his own
favour and instituted a suit, being No…………of………in the Court of……………….at………for
recovery of the amount under hundi from the plaintiff. At the same time the said E F and G H
have filed an application for execution (being No…….of………) in the court of ………at ……...
on………….to recover the said Rs……….from the plaintiff.
5. That the plaintiff is accordingly entitled to recover the sums of Rs…….. and Rs…… total Rs……
from the defendant which had been entrusted to the defendant as an agent. He was either a
middleman or an intermediary on behalf of the plaintiff and the said sum of money were
entrusted to the defendant with the specific direction that it should be paid in one instance to
the brothers and in the others to J K.
6. That the above negligent act or misconduct of the defendant came to the notice of plaintiff
when the suit No……….of…………….an executive case No………….of……….referred to
above were instituted.
7. That the cause of action arose on………………and………….when the plaintiff came to know of
the aforesaid negligent act or misconduct of the defendant at. Hence, the court has
jurisdiction.
8. The value of the suit for purposes of court-fee and jurisdiction is Rs……………… Hence, the
court has jurisdiction.
9. It is prayed that a decree for payment of Rs……….be passed in favour of the plaintiff against
the defendant and costs of the suit be also awarded.

© Copyright Legal Desire 2014 www.leg aldesire.com

 Legal Desire Online Workshop on ‘Legal Drafting’

Place: …………………. (Signature of the plaintiff)

Date: …………………..

XYZ
Advocate

I, ______, do hereby solomnly verify that the contents from paras………..are correct and true to the
best of my knowledge and contents from para…….. are based on legal advice, which I believe to be
correct. Affirmed at………… this …….. Day of…………2014.

(Signature)
Plaintiff

SAMPLE WRITTEN STATEMENT OF THE DEFENDANT FOR PLAINT ABOVE

In the Court of……………….. at……………………….

A B (add description and residence) Plaintiff

Versus

C D (add description and residence) Defendant

WRITTEN STATEMENT FILED BY THE DEFENDANT UNDER ORDER VIII, RULE.1, C.P.C.

The defendant replies as under:

1. The defendant has no knowledge of the avertments made by the plaintiff in para 1 of the
plaint, which are accordingly not admitted.
2. The defendant has no knowledge of avertments made in para 2 of the plaint.
3. The defendant received a cheque for Rs………… from the plaintiff but there were no
instructions sent along therewith. The cheque was, however, mislaid and lost, the defendant
never realized any sum under the cheque aforementioned.
4. The hundi, dated ………….. was endorsed by J K in favour of the defendant for consideration,
in respect of which he was entitled to recover the amount due under the hundi from the
plaintiff.
5. Para 5 is denied.
6. Para 6 is not admitted.
7. Hence, it is prayed that this Hon’ble Court may be pleased to dismiss the suit.

Place: …………………. (Signature of the defendant)

Date: …………………..

© Copyright Legal Desire 2014 www.leg aldesire.com

 Legal Desire Online Workshop on ‘Legal Drafting’

PQR
Advocate

I, ______, do hereby solomnly verify that the contents from paras………..are correct and true to the
best of my knowledge and contents from para…….. are based on legal advice, which I believe to be
correct. Affirmed at………… this …….. Day of…………2014.

(Signature)
Defendant

Assignments:

 Draft the Written Statement for the Plaint you draft in previous assignment.

Submit your assignment in the Assignment Submission form

© Copyright Legal Desire 2014 www.leg aldesire.com