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Written Statement Format in a Civil Suit

Updated specimen for a defendant's written statement under Order VIII of the Code of Civil Procedure, 1908, with preliminary objections, para-wise reply, prayer, verification and current filing guidance.

What is a Written Statement?

A written statement is the defendant's principal pleading in answer to a plaint. It should deal clearly with the plaintiff's material allegations, state the defendant's own material facts and legal objections, and identify the documents relied upon.

Important: This is a general drafting specimen, not a substitute for advice on the facts of a particular case. Court rules, state amendments, commercial-court requirements, limitation issues, pecuniary jurisdiction and local filing practice may alter what must be filed.
Specific replyAnswer each material allegation specifically; avoid vague or evasive denials.
DocumentsList and produce documents relied upon, subject to Order VIII Rule 1A CPC and applicable rules.
Set-off / counterclaimPlead these expressly where legally available and factually justified.
VerificationThe pleading must be signed and verified in accordance with the CPC and applicable court rules.

Current CPC Filing Rules to Keep in Mind

Ordinary civil suits: Order VIII Rule 1 CPC states that the defendant should present the written statement within 30 days from service of summons and provides for filing on a later date, for reasons recorded by the court, within the period stated in the rule. Supreme Court authority distinguishes the ordinary CPC regime from the stricter commercial-suit regime, so delay should never be assumed to be automatically condonable.

Commercial disputes: Where the Commercial Courts Act, 2015 applies, the amended CPC imposes a strict outer limit of 120 days from service of summons. After that period, the defendant forfeits the right to file the written statement and the court cannot take it on record.

Commercial pleadings: Pleadings in commercial disputes must also comply with the special verification requirements, including the prescribed Statement of Truth, and with the enhanced disclosure and specific-denial rules applicable to commercial litigation.

File as early as possible. Do not treat the outer period mentioned in any rule as the normal filing period, and always check the summons, the court's directions, applicable High Court/District Court rules and any case-specific order.

Specimen Written Statement Format

IN THE COURT OF THE HON'BLE [NAME/DESIGNATION OF COURT]
AT [PLACE]
Civil Suit No. [____] of [20__]
IN THE MATTER OF:
[Name of Plaintiff] ...PLAINTIFF
VERSUS
[Name(s) of Defendant(s)] ...DEFENDANT(S)
WRITTEN STATEMENT ON BEHALF OF DEFENDANT NOS. 1 AND 2

MOST RESPECTFULLY SHOWETH:

1. Save and except what is expressly admitted in this Written Statement, the answering Defendants deny the allegations, submissions and claims made in the plaint. Each allegation is answered specifically in the para-wise reply below.

2. The Defendants state that the preliminary objections, additional pleas and para-wise replies form part of this Written Statement. Nothing shall be treated as admitted merely because a particular allegation has not been reproduced verbatim; however, the Defendants rely only on denials and pleas that satisfy the requirements of Order VIII CPC and applicable law.

PRELIMINARY OBJECTIONS AND SUBMISSIONS

1. The suit is not maintainable in its present form for the reasons stated below and is liable to be dealt with in accordance with law.

2. Cause of action / rejection of plaint, where applicable: The plaint does not disclose a legally sustainable cause of action against the answering Defendants. If, on a meaningful reading of the plaint and the documents that may legally be considered for that purpose, any ground under Order VII Rule 11 CPC is made out, the Defendants reserve the right to seek appropriate relief under that provision.

3. Court fee and valuation, where applicable: The valuation of the suit and/or court fee paid is disputed. The Plaintiff may be directed to correct the valuation or make good any deficiency if required under the applicable court-fee and valuation law. Any plea for rejection of the plaint shall be confined to the grounds legally available under Order VII Rule 11 CPC.

4. Jurisdiction, where applicable: The answering Defendants dispute the territorial and/or pecuniary jurisdiction of this Hon'ble Court for the reasons stated here: [set out precise facts and the applicable jurisdictional provision].

5. Limitation, where applicable: The suit is barred by limitation because [state the relevant dates, cause of action and applicable limitation provision]. The plea is raised without prejudice to the other defences.

6. Necessary/proper parties, where applicable: The suit suffers from non-joinder and/or misjoinder because [identify the person/entity and explain why the party is necessary or proper], subject to the provisions of Order I CPC.

7. Title/interest in suit property, where applicable: The Plaintiff's alleged ownership, title, interest or entitlement in respect of property bearing [property particulars] is denied. The answering Defendants state that [briefly state the defendants' title/possession case and source of right].

8. The answering Defendants rely upon the documents listed with this Written Statement and reserve all rights available under law in respect of documents not presently in their possession or power, subject to obtaining leave of the Court wherever required.

9. The Defendants reserve the right to seek amendment of this Written Statement, file an additional written statement, raise a set-off or counterclaim, or move an appropriate interlocutory application, only to the extent permitted by law and by order of the Court.

PARA-WISE REPLY

1. Reply to paragraph 1 of the plaint: The contents are denied except to the extent specifically admitted herein. It is denied that [state the exact allegation denied]. The correct facts are that [state concise material facts].

2. Reply to paragraph 2: To the extent this paragraph reproduces or refers to a matter of record, the record speaks for itself. Any inference, allegation or legal conclusion inconsistent with the record is denied.

3. Reply to paragraph 3: The contents are denied. It is specifically submitted that [defendant's version].

4. Reply to paragraph 4: [Admit / deny / state lack of knowledge and require proof, with reasons where appropriate].

5. Reply to paragraph 5: The allegation that [quote or identify allegation briefly] is denied. The Plaintiff is put to strict proof thereof.

6. Reply to paragraph 6: [specific reply].

7. Reply to paragraph 7: [specific reply].

8. Reply to paragraph 8: [specific reply].

9. Reply to paragraph 9: [specific reply].

Add further paragraph-wise replies so that every material paragraph of the plaint is answered specifically.

PRAYER

In view of the facts and circumstances stated above, it is most respectfully prayed that this Hon'ble Court may be pleased to:

(a) dismiss the suit and/or refuse the reliefs claimed against the answering Defendants, as may be permissible in law;

(b) award costs in favour of the answering Defendants; and

(c) pass such other or further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

DEFENDANT NOS. 1 AND 2

Through Counsel
[Name of Advocate]
Advocate for the Defendants

VERIFICATION

I, [name of verifying Defendant/authorised person], the [Defendant No.__ / authorised representative] above named, verify that the contents of paragraphs [identify paragraphs] are true to my personal knowledge, paragraphs [identify paragraphs] are based on records/information believed to be true, and the legal submissions are based on advice received and believed to be correct. Nothing material has knowingly been concealed.

Verified at [place] on [date].

DEPONENT / DEFENDANT

Drafting Notes Before Filing

Do not retain objections merely because they appear in a specimen. Plead only objections supported by the plaint, the documents and the defendant's instructions. In particular, jurisdiction, limitation, valuation, court fee, non-joinder, title, set-off and counterclaim require case-specific factual foundations.

Order VIII requires specific denials. A formula such as "wrong and denied" may be inadequate when the allegation calls for the defendant's own version. Where a fact is admitted, say so. Where the defendant lacks knowledge of a fact that is not within the defendant's knowledge, state that appropriately and require proof instead of making an unsustainable positive denial.

If the case is a commercial dispute, use the commercial-court form of pleading, disclosure and Statement of Truth rather than this general verification alone.

Frequently Asked Questions

What law governs a written statement in a civil suit?

The principal procedural provisions are in Order VIII of the Code of Civil Procedure, 1908. Other CPC provisions, local civil rules, state amendments and special statutes may also apply.

Can a defendant make a general denial of the whole plaint?

A defendant should not rely on a blanket denial. Material allegations should be answered specifically and non-evasively, consistently with Order VIII Rules 3 to 5 CPC.

Can the written statement include a counterclaim?

Yes, where the statutory requirements are satisfied. Order VIII contains provisions dealing with set-off and counterclaim. The factual basis, valuation, jurisdiction, limitation and court fee should be checked before pleading one.

Can this format be used in a commercial suit?

Only as a starting structure. Commercial disputes are subject to special CPC amendments under the Commercial Courts Act, including a strict 120-day outer limit, enhanced disclosure/specific-denial requirements and a prescribed Statement of Truth.