Drafting of Written Statement – Statutory Essentials, Structure and Practical Insights (Civil Litigation Drafting – Module 4)

This module builds upon the principles discussed in Module 2, which examined the general rules of pleadings under the Code of Civil Procedure, 1908. While those foundational principles apply equally to both plaints and written statements, the present module is devoted exclusively to the drafting of a Written Statement. It analyses the statutory framework, essential components, and practical considerations involved in drafting an effective Written Statement, with particular emphasis on compliance with Order VIII of the CPC and the requirements emerging from prevailing court practice.

TABLE OF CONTENTS

1. Concept of Written Statement (Order VIII Rule 1, Code of Civil Procedure, 1908)

2. Time Limit for Filing Written Statement (Order VIII Rule 1 CPC)

3. Legal Framework Governing Written Statement

4. Defences in Written Statement – Statutory and Judicial Principles

4.1 New facts to be specifically pleaded (Order VIII Rule 2 CPC)

4.2 Denial to be specific and reasoned (Order VIII Rules 3, 4 & 5 CPC)

4.3 Denial as to locus standi of the plaintiff

4.4 Objection as to title of the parties

-         Consequences of admission of title

4.5 Objection as to jurisdiction of the Court – Territorial, pecuniary, and subject-matter jurisdiction

4.6 Objection as to non-joinder of necessary parties

4.7 Suit barred by limitation

4.8 Suit barred by law

4.9 Absence of cause of action or illusory cause of action

4.10         Plea of res judicata

4.11         Suit by a minor not filed through next friend

4.12         Laches and delay

4.13         Estoppel

4.14         Denial of execution and genuineness of documents

4.15         Illegality of transaction

4.16         Plaintiff approaching the Court with unclean hands

4.17         Improper valuation of the suit and insufficient court fees

4.18         Defence not pleaded in the written statement cannot be raised at a later stage

4.19         Set-off (Order VIII Rule 6 CPC)

4.20         Counter-claim (Order VIII Rule 6A CPC)

5. Defences in Written Statement Relevant for Rejection of Plaint (Order VII Rule 11 CPC)

6. Production of Documents with Written Statement (Order VIII Rule 1A CPC)

7. Effect of Non-Filing of Written Statement (Order VIII Rule 10 CPC)

8. Amendment of Written Statement (Order VI Rule 17 CPC)

9. Practical Tips for Drafting a Written Statement

10. Format and Structure of Written Statement

11. Sample Draft Of Written Statement  In Civil Suit Based On Contractual Dispute

1. CONCEPT OF WRITTEN STATEMENT (ORDER VIII RULE 1, CODE OF CIVIL PROCEDURE, 1908)

The term Written Statement ordinarily denotes the formal reply filed by the defendant to the plaint instituted by the plaintiff. Though the Code of Civil Procedure, 1908 does not specifically define a written statement, Order VI Rule 1 CPC recognises it as one of the two forms of pleadings, the other being the plaint. A written statement sets out the defence version of the defendant and contains responses to the allegations and claims made in the plaint, including admissions, denials, and all legal and factual defences available to the defendant. It serves as the foundation of the defendant’s case and plays a crucial role in determining the scope of dispute and the issues that arise for consideration by the Court.

2.   TIME LIMIT FOR FILING WRITTEN STATEMENT (ORDER VIII RULE 1 CPC)

In ordinary civil suits, the defendant is required to file the written statement within thirty days from the date of service of summons. The Court may, for reasons to be recorded in writing, extend the time for filing the written statement, but such extension shall not ordinarily exceed ninety days from the date of service of summons.

In commercial disputes, pursuant to the amendments introduced by the Commercial Courts Act, 2015, the defendant must file the written statement within thirty days from the date of service of summons. The Court may extend this period, for reasons to be recorded in writing and upon payment of such costs as it deems fit, but in no case shall the written statement be taken on record after the expiry of one hundred and twenty days from the date of service of summons, and upon such expiry, the defendant forfeits the right to file the written statement.

3.   LEGAL FRAMEWORK GOVERNING WRITTEN STATEMENT

The drafting and filing of a written statement are governed by specific statutory provisions and procedural rules under the Code of Civil Procedure, 1908, as well as the rules and practice directions framed by the High Courts. The principal legal framework governing written statements includes the following:

i.                    Order VI CPC – Pleadings in general

ii.                 Order VIII CPC – Written Statement

iii.               Civil Manual issued by the Bombay High Court, Chapter V (applicable to courts in the State of Maharashtra)

iv.               Bombay High Court Original Side Rules – Applicable to suits instituted on the Original Side of the Bombay High Court

4.   DEFENCES IN WRITTEN STATEMENT – STATUTORY AND JUDICIAL PRINCIPLES

A written statement must contain all legal and factual defences available to the defendant at the earliest stage of the proceedings. Order VIII of the Code of Civil Procedure, 1908 mandates that every defence which may defeat the plaintiff’s claim or materially affect the adjudication of the suit must be specifically pleaded, failing which such defence may be deemed to have been waived.

 

1.1   New facts to be specifically pleaded (Order VIII Rule 2 CPC) - The defendant is required to specifically plead all matters which show that the suit is not maintainable or that the transaction in question is void or voidable in law. The written statement must disclose all grounds of defence which, if not pleaded, would be likely to take the plaintiff by surprise or raise issues of fact not arising from the plaint. Such defences include, inter alia, fraud, limitation, release, payment, performance, illegality, or any other fact which materially affects the plaintiff’s claim.

 

1.2   Denial to be specific and reasoned (Order VIII Rules 3, 4 & 5 CPC) - A defendant cannot deny the averments in the plaint by making vague or general denials. Each allegation of fact must be specifically dealt with, and denial must be directed to the substance of the allegation. Evasive denials are not permitted. Any allegation of fact in the plaint which is not specifically denied, or stated to be not admitted, shall be deemed to be admitted, except where the plaintiff is under a legal disability.

 

1.3   Denial as to locus standi of the plaintiff - The defendant may dispute the plaintiff’s locus standi to institute the suit by pleading that the plaintiff has no legal right, title, or interest in the subject matter of the suit. For instance, where the person entering into a contract has no beneficial or legal interest in the property or transaction, such lack of standing constitutes a valid and substantial defence.

 

1.4   Objection as to title of the parties - The defendant may raise objections regarding the title claimed by the plaintiff over the suit property or subject matter. Such objections must be specifically pleaded to avoid any implied admission.

Consequences of admission of title: - An admission of title, whether express or implied, operates as an admission of the legal consequences flowing from such title, and may preclude the defendant from subsequently disputing the plaintiff’s rights.

 

1.5   Objection as to jurisdiction of the Court - The defendant is entitled to object to the jurisdiction of the Court on the grounds of territorial, pecuniary, or subject-matter jurisdiction. Such objections must ordinarily be raised at the earliest opportunity, as failure to do so may result in waiver of the objection, particularly in cases of territorial and pecuniary jurisdiction.

 

1.6   Objection as to non-joinder of necessary parties - The defendant may plead that the suit is bad for non-joinder of necessary parties, whose presence is essential for the effective and complete adjudication of the dispute. Absence of a necessary party may render the decree ineffective or unenforceable.

 

1.7   Suit barred by limitation - The defendant may raise a specific plea that the suit is barred by limitation. Limitation, being a mixed question of law and fact, must be pleaded in the written statement. Where the bar of limitation is apparent from the plaint itself, it also constitutes a ground for rejection of the plaint under Order VII Rule 11 CPC.

 

1.8   Suit barred by law - Where a suit is barred by any specific statutory provision or where the jurisdiction of the civil court is expressly or impliedly excluded, the defendant may raise such statutory bar as a defence in the written statement.

 

1.9   Absence of cause of action or illusory cause of action - The defendant may plead that the plaint discloses no cause of action or only an illusory or sham cause of action, thereby rendering the suit liable to dismissal or rejection at the threshold.

 

1.10         Plea of res judicata - The defendant may plead that the suit is barred by the principle of res judicata, where the matter directly and substantially in issue has already been adjudicated between the same parties or their privies by a competent court.

 

1.11         Suit by a minor not filed through next friend - Where the plaintiff is a minor and the suit is not instituted through a duly appointed next friend, the defendant may raise an objection as to the maintainability of the suit.

 

1.12         Laches and delay - The defendant may plead that the plaintiff is guilty of laches or undue delay in approaching the Court, particularly in cases involving equitable or discretionary reliefs.

 

1.13         Estoppel - The defendant may raise the plea of estoppel where the plaintiff, by words or conduct, has represented a state of affairs upon which the defendant has relied, thereby preventing the plaintiff from asserting a contrary position.

 

1.14         Denial of execution and genuineness of documents - The defendant may specifically deny the execution, authenticity, or genuineness of documents relied upon by the plaintiff. Such denial must be clear and specific, failing which execution may be deemed to be admitted.

 

1.15         Illegality of transaction - The defendant may plead that the transaction forming the basis of the suit is illegal, unlawful, or opposed to public policy, and therefore unenforceable in law.

 

1.16         Plaintiff approaching the Court with unclean hands - The defendant may allege that the plaintiff has suppressed material facts or approached the Court with unclean hands. Such a plea is particularly relevant where the plaintiff seeks equitable or discretionary relief.

 

1.17         Improper valuation of the suit and insufficient court fees - The defendant may object to the valuation of the suit and the sufficiency of court fees paid, which may have a bearing on the jurisdiction of the Court and the maintainability of the suit.

 

1.18         Defence not pleaded in the written statement cannot be raised at a later stage - Any defence not specifically pleaded in the written statement is ordinarily deemed to have been waived and cannot be permitted to be raised at a subsequent stage of the proceedings without leave of the Court.

 

1.19         Set-off (Order VIII Rule 6 CPC) - A set-off is a statutory defence by which the defendant seeks adjustment of an ascertained and legally recoverable sum due from the plaintiff against the plaintiff’s claim. The amount claimed by way of set-off must be certain, enforceable on the date of filing of the written statement, and within the pecuniary jurisdiction of the Court. When a valid set-off is pleaded, it has the effect of a cross-suit, enabling the Court to pass a final judgment determining both the plaintiff’s claim and the defendant’s claim for set-off in the same proceedings.

 

1.20         Counter-claim - (Order VIII Rule 6A CPC) - A counter-claim is a substantive claim raised by the defendant against the plaintiff in the same suit, in respect of a cause of action accruing before or after the filing of the suit but before delivery of the defence. A counter-claim is treated as a cross-suit, requiring independent valuation and payment of court fees, and enables the Court to adjudicate both the plaintiff’s claim and the defendant’s counter-claim in a single proceeding.

 

5.   DEFENCES IN WRITTEN STATEMENT RELEVANT FOR REJECTION OF PLAINT UNDER ORDER VII RULE 11 CPC

Certain defences raised in the written statement may also constitute grounds for rejection of the plaint under Order VII Rule 11 CPC, where such defects are apparent from the averments contained in the plaint itself. While considering rejection of the plaint, the Court confines its examination strictly to the plaint and the documents relied upon by the plaintiff, without reference to the defence.

Rejection of the plaint may be sought where the plaint discloses no cause of action or an illusory cause of action, where the suit is ex facie barred by limitation or by any statutory provision, or where the plaint suffers from improper valuation or insufficient court fees which remain uncured despite opportunity. Such objections, though pleaded in the written statement, may independently justify rejection of the plaint at any stage of the proceedings.

 

6.   PRODUCTION OF DOCUMENTS WITH WRITTEN STATEMENT (ORDER VIII RULE 1A CPC)

Where the defendant bases his defence, or any claim for set-off or counter-claim, upon documents in his possession or power, he is required to file such documents along with the written statement. The defendant must prepare and submit a list of documents and produce the originals before the Court at the time of filing the written statement, together with copies thereof for being taken on record.

In cases where any relevant document is not in the possession or power of the defendant, he must, as far as possible, disclose in the written statement the person in whose possession or power such document is believed to be. A document which ought to have been produced with the written statement but is not so produced shall not, except with the leave of the Court, be received in evidence at the hearing of the suit. However, this requirement does not apply to documents produced solely for the purpose of cross-examination of the plaintiff’s witnesses or to documents handed over to a witness merely to refresh his memory.

 

7.   EFFECT OF NON-FILING OF WRITTEN STATEMENT (ORDER VIII RULE 10 CPC)

Where a party from whom a written statement is required under Order VIII Rule 1 or Rule 9 CPC fails to file the same within the time permitted or fixed by the Court, the Court may proceed to pronounce judgment against such party or pass such other order in relation to the suit as it deems fit. Upon pronouncement of such judgment, a decree shall be drawn accordingly.

However, the power under Order VIII Rule 10 CPC is discretionary and not automatic. The Court is required to exercise caution and ensure that the plaint discloses a legally sustainable claim before passing a judgment on account of default. In commercial disputes, the statutory timelines are mandatory, and the Court has no power to extend the time beyond the period prescribed under Order VIII Rule 1 CPC, resulting in forfeiture of the defendant’s right to file the written statement.

 

8.   AMENDMENT OF WRITTEN STATEMENT (ORDER VI RULE 17 CPC)

Order VI Rule 17 of the Code of Civil Procedure, 1908 permits amendment of pleadings, including a written statement, at any stage of the proceedings, subject to the discretion of the Court. While courts adopt a comparatively liberal approach in allowing amendments to written statements, such amendments should not withdraw or contradict earlier admissions, introduce a completely inconsistent defence, or cause serious prejudice to the opposite party. The object of permitting amendment is to enable the Court to determine the real questions in controversy, provided the amendment is bona fide and necessary for effective adjudication of the dispute.

9.   PRACTICAL TIPS FOR DRAFTING A WRITTEN STATEMEN

i.                  Draft the written statement strictly in response to the plaint, ensuring that each allegation is answered paragraph-wise with clarity and precision.

ii.              Verify facts carefully before pleading; incorrect admissions can be fatal to the defence.

iii.           Raise all legal, procedural, and factual defences at the earliest stage, as defences not pleaded in the written statement may not be permitted to be raised subsequently.

iv.            Avoid vague or general denials; ensure that denials are specific, reasoned, and directed to the substance of the allegation, in conformity with Order VIII Rules 3, 4, and 5 CPC.

v.               Clearly segregate preliminary objections, defendant’s version of facts, and para-wise replies to prevent unintended admissions and to assist the Court in identifying the real issues in dispute.

vi.            Maintain consistency between the pleadings and the documents relied upon, and avoid introducing facts or defences unsupported by record.

vii.        Maintain a calm, factual, and non-argumentative tone; written statements are pleadings, not submissions.

viii.     Draft the written statement on the assumption that no amendment will be permitted at a later stage, and therefore ensure completeness and accuracy at the initial filing.

10. FORMAT AND STRUCTURE OF WRITTEN STATEMENT

A written statement should be drafted in a clear and systematic manner, following the prescribed procedural requirements and established court practice. The standard format of a written statement ordinarily includes the following components:

(i)             Heading / Cause Title

a.    Name of the Court

b.   Case type and suit number

c.    Name, description, and address of the plaintiff

d.   Name, description, and address of the defendant

(ii)         Body of the Written Statement

a.    Preliminary Objections setting out jurisdictional, legal, and procedural objection

b.   Defendant’s Version of Facts, stating the correct facts and circumstances as per the defendant

c.    Para-wise Reply on Merits, dealing specifically with each paragraph of the plaint by admitting or denying the averments with reasons and explanations

(iii)      Prayer Clause

a.    Dismissal of the suit

b.   Rejection of all reliefs claimed by the plaintiff

c.    Grant of costs, including exemplary costs where appropriate

d.   Grant of set-off or adjudication of counter-claim, if any

(iv)       Date and Place

(v)          Signatures

a.    Signature of the Advocate for the defendant

b.   Signature of the defendant

(vi)       Verification

a.    Verification by the defendant in accordance with Order VI Rule 15 CPC

11.   SAMPLE DRAFT OF WRITTEN STATEMENT  IN CIVIL SUIT BASED ON CONTRACTUAL DISPUTE

     Download Link - Click here to download sample Written Statement format