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Written Statement format against a Suit

Format of Written statement rejecting claim in a suit and presenting actual facts

 

IN THE COURT OF HON'BLE ___________ ADJ, NORTH DELHI DISTRICT, ________ COURTS, NEW DELHI.
CS / DJ / __/20__

IN THE MATTER OF:-
_____________                                                                     ...PLAINTIFF
VERSUS
_______________                                                             ...DEFENDANTS

WRITTEN STATEMENT ON BEHALF OF THE DEFENDANT NO. 1 & 2 TO THE PLAINT OF THE PLAINTIFF.

MOST RESPECTFULLY SHOWETH:-

1. That at the outset the Defendants no. 1 and 2, denies all the allegations mentioned the subject Plaint, save and except whatever specifically admitted herein after.

2. That the pleas taken by the Defendant no. 1 & 2 herein are in alternative and in addition to each other and nothing shall be deemed admitted on the part of the Defendant no. 1 & 2 in absence of any specific denial.

PRELIMINARY OBJECTIONS & SUBMISSIONS:-

1. That the Plaintiff did not come before this Hon'ble Court with clean hands and have suppressed the material fact and filed the present suit against the Defendants.

2. That the Suit of the Plaintiff is not maintainable and liable to be dismissed as the same is hit by order VII rule 11 read with section 151 CPC, as no valid and legal cause of action has been shown by the Plaintiff in the Plaint. The Plaint of the Plaintiff did not comply the provision of order VII rule 11 CPC. The Plaintiff is required to show reasonable grounds in support of his claim as per Law and in the present case the Plaintiff has failed to do so.
3. That the suit of the Plaintiff is not maintainable and liable to be dismissed as no cause of action exists in favour of the Plaintiff and against the answering defendant to institute the present suit before this Hon'ble Court.

4. That the suit of Plaintiff is undervalued and further sufficient court has not been paid by the Plaintiff. The Plaintiff did not value the suit / plaint properly and paid only a sum Rs. ___/- (Rupees _______ Only) which is much less than the required court fee therefore, the suit of the Plaintiff is also liable to be rejected under order VII rule 11 of CPC, for short / deficient court fee, as the Plaintiff has failed to pay required court fees as prescribed by law.

5. The Defendants herein crave leave of this Hon'ble Court to allow the Defendants to file the relevant application under order VII rule 11 read with section 151 Code of Civil Procedure, 1908 as amended for dismissal / rejection of the Plaint of the Plaintiff.

6. That the Plaintiff does not have any ownership rights or otherwise in respect of the suit property bearing House no. ____ ____ in any manner whatsoever therefore the suit of the Plaintiff is bad in Law and liable to be dismissed on this count also.

7. That in ____, the subject suit property was allotted by the Government to the father of the Defendant no. 1, namely __________, the said plot bearing no. ___________
.
8. That the suit of the Plaintiff is bad in Law for mis-joinder and non-joinder of necessary parties as the Plaintiff has made three Defendants as parties and not made sh _______ s/o the Plaintiff, as party to the suit thus the Suit of the Plaintiff is liable to be dismissed on this ground also.

9. That the suit of the Plaintiff is time barred as per the Law of limitation as the Plaintiff is bent upon to harass the Defendant no.1, is an old and senior citizen of __ years without and valid documents and without any cause of action therefore, the suit of the Plaintiff is liable to be dismissed / rejected on this ground also.

10. That the Suit of the Plaintiff is without pecuniary and territorial jurisdictions, thus the suit of the Plaintiff is liable to be rejected on this ground also.

11. That the suit / plaint of the Plaintiff is not properly verified and instituted by the Plaintiff thus liable to be dismissed on this ground itself.

12. That the present suit has been filed by the Plaintiff on false, fabricated and frivolous ground, hence the same is liable to be dismissed.



PARAWISE REPLY:-

1. That the contents of Para 1 of the Plaint of the Plaintiff are wrong, misconceived, false and hence denied. It is submitted that the Plaintiff is not a law abiding citizen as he always makes conspiracy against the Defendant no.1 and 2.It is denied that the Plaintiff is in the physical possession of the _____ Floor of the undivided property bearing no. in any manner whatsoever. It is submitted that the Plaintiff being the son of the Defendant no. 1, was permitted to live as licensee, but not as owner or any right on the property of the Defendant no.1 in any manner whatsoever.

2. That the contents of Para 2 of the Plaint of the Plaintiff is matter of records therefore, does not require any reply.
3. That the contents of Para 3 of the Plaint of the Plaintiff is wrong, misconceived, false and hence denied.

4. That the contents of Para 4 of the Plaint of the Plaintiff is matter of records therefore, does not require any reply.

5. That the contents of Para 5 of the Plaint of the Plaintiff is wrong, misconceived, false and hence denied.

6. That the contents of Para 6 of the Plaint of the Plaintiff is wrong, misconceived, false and hence denied. It is submitted that the Plaintiff always picks quarrel with the Defendant no. 1 & 2 thus the Defendant no. 1 lives with the family of the Defendant no. 2 herein. Rest of the contents of para under reply are wrong and denied.

7. That the contents of Para 7 of the Plaint of the Plaintiff is wrong, misconceived, false and hence denied.

8. That the contents of Para 8 of the Plaint of the Plaintiff is wrong, misconceived, false and hence denied. It is denied that the said property was purchawed /acquired / allotted by the Grandfather of the Plaintiff and Defendant no. 2.

9. That the contents of Para 9 of the Plaint does not require any reply.

In view of the fact and circumstance as well as the Preliminary Objections, and Parawise Reply narrated hereinabove, the Defendant no. 1 & 2 above most respectfully prayed to this Hon'ble Court to graciously be pleased to dismiss / reject the Plaint / Suit of the Plaintiff with exemplary cost in favour of the Defendant no. 1 & 2 herein.

Pass an order that that the Plaintiff is not entitled to any relief in the fact, and law as mentioned herein above by the Defendant no. 1 & 2.

Any other or further Order as this Hon'ble Court may deem fit and proper in favour to the Defendant no. 1& 2 and against the Plaintiff in the interest of Justice.




(DEFENDANT NO. 1 & 2)


Through
_____________
Advocates for the Defendant no. 1 &2.

VERIFICATION:-

Verified at Delhi on this day of ____, 20__ that the content of initial para 1 to 2 and para 1 to 12 of the Preliminary Objections and submission and para 1 to 9 of para wise reply of the written statement are true and correct to my knowledge and belief and the legal advice received, no part of it is false and nothing material has been concealed there from.


(DEFENDANT NO. 1 & 2)
 

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