Written Statement by Proforma Defendant Supporting the Plaintiff

IN THE COURT OF THE LEARNED DISTRICT JUDGE / ADDITIONAL DISTRICT JUDGE AT __________

CIVIL SUIT NO. ____ OF 20__

______________________________
...PLAINTIFF

VERSUS

______________________________ & ORS.
...DEFENDANTS

WRITTEN STATEMENT ON BEHALF OF DEFENDANT NO. 2 / PROFORMA DEFENDANT

MOST RESPECTFULLY SHOWETH:

1. That Defendant No. 2 has read the plaint and is filing the present Written Statement in answer thereto.
2. That the present Written Statement is being filed to place the facts within the knowledge of Defendant No. 2 before this Hon'ble Court and to state Defendant No. 2's position in relation to the reliefs claimed.
3. That any statement in the plaint not expressly dealt with herein shall not be treated as admitted merely by reason of omission. The admissions made below are confined to matters specifically admitted and to the extent stated.
4. That Defendant No. 2 reserves the right to rely upon such additional documents or seek such amendment as may be permissible in law and necessary in the circumstances of the case.

PRELIMINARY SUBMISSIONS

1. That Defendant No. 2 has no objection to the suit and, to the extent stated herein, supports the case of the Plaintiff. The material facts stated in the plaint are admitted only insofar as they are within the personal knowledge of Defendant No. 2 or are borne out by documents known to Defendant No. 2.
2. That the Plaintiff is the __________ of Defendant No. 1 and Defendant No. 2. Defendant No. 3 is their __________.
3. That Defendant No. 2 is the owner / co-owner / person interested in ______________________________.
4. That Shri / Smt. __________________ expired on __/__/20__, leaving behind the following legal heirs in respect of the relevant share / interest in the property:

5. That, subject to the applicable personal law, title documents and facts of the case, the aforesaid legal heirs claim / are stated to have the respective shares set out above in the undivided property.
6. That the Plaintiff informed Defendant No. 2 that Defendant No. 1 had obtained / caused to be executed a Relinquishment Deed dated __/__/20__ concerning the Plaintiff's undivided share in the property. According to the Plaintiff, the document was procured by concealment, misrepresentation and/or fraud. Defendant No. 2 states only those particulars concerning the alleged transaction that are within Defendant No. 2's own knowledge and relies upon the Plaintiff to prove the allegations that are personal to the Plaintiff.
7. That the rights and interests of Defendant No. 2 are also affected by the impugned transaction / claim concerning the property, as more particularly stated herein and in the documents relied upon.
8. That in view of the facts stated above, Defendant No. 2 has no objection if the suit is adjudicated in accordance with law and the reliefs to which the Plaintiff is legally entitled are granted.

PARA-WISE REPLY

1. The contents of paragraph 1 of the plaint are admitted to the extent that ______________________________. Any remaining assertion is denied / not admitted for want of knowledge.
2. The contents of paragraph 2 of the plaint are admitted to the extent that ______________________________.
3. The contents of paragraph 3 of the plaint are admitted to the extent that ______________________________.
4. The contents of paragraph 4 of the plaint are admitted to the extent that ______________________________.
5. The contents of paragraph 5 of the plaint are admitted to the extent that ______________________________.
6. The contents of paragraph 6 of the plaint are admitted to the extent that ______________________________.
7. The contents of paragraph 7 of the plaint are admitted to the extent that ______________________________.
8. The contents of paragraph 8 of the plaint are admitted to the extent that ______________________________.
9. The contents of paragraph 9 of the plaint are a matter of record / require no separate reply, save that Defendant No. 2 relies upon the submissions made above.
10. The contents of paragraph 10 of the plaint are a matter of record / require no separate reply, save that Defendant No. 2 relies upon the submissions made above.

PRAYER

In view of the facts and submissions stated above, Defendant No. 2 respectfully prays that this Hon'ble Court may be pleased to adjudicate the suit in accordance with law and grant such relief to the Plaintiff as the Plaintiff proves to be legally entitled to.

It is further prayed that this Hon'ble Court may pass such other or further order(s) as it may deem fit and proper in the facts and circumstances of the case and in the interests of justice.