Written Statement Format
📄 WRITTEN STATEMENT – FORMAT & EXPLANATION
1. What is a Written Statement?
A Written Statement (WS) is a formal written reply by the defendant to the plaintiff's Plaint (complaint).
It contains the defendant’s version of facts, denials, admissions, and defenses to the plaintiff's claims.
It is filed in response to the summons issued by the court after the plaint is admitted.
2. Legal Provision
The requirement and procedure for the written statement are provided under Order VIII of the Code of Civil Procedure (CPC), 1908.
Section 8 and Order VIII, Rule 1 specifically deal with the filing of written statements.
3. Purpose of the Written Statement
To present the defendant’s defense.
To admit or deny allegations in the plaint.
To raise legal and factual objections.
To put the court and the plaintiff on notice about the defendant’s stance.
4. When and How to File
Normally, the written statement must be filed within 30 days from the date of service of summons.
The court may allow a further extension (usually up to 90 days) for sufficient cause.
Failure to file may lead to the defendant being deemed to admit the facts stated in the plaint.
5. Format of Written Statement
Here is a typical format for a written statement in civil proceedings:
[IN THE COURT OF …………]
[Name of Court, e.g., District Court, City]
Suit No.: [Suit number]
Plaintiff: [Name of plaintiff]
Defendant: [Name of defendant]
WRITTEN STATEMENT ON BEHALF OF THE DEFENDANT
MOST RESPECTFULLY SHOWETH:
Preliminary Objections (if any):
Jurisdiction (personal or territorial)
Cause of action
Maintainability of the suit
Limitation period (if applicable)
General Denial:
The defendant denies each and every allegation made in the plaint except those specifically admitted hereinafter.
Admissions (if any):
The defendant admits the following facts:
(List facts admitted)
Defendant's Version of Facts:
The defendant states that:
(Narrate your own facts and version that counters the plaintiff’s claims)
Legal Grounds and Defenses:
(Mention any legal defenses such as estoppel, waiver, acquiescence, or bar under law)
Set-off or Counterclaim (if any):
(If applicable, state any counterclaim or set-off against the plaintiff)
Prayer:
Therefore, it is respectfully prayed that:
The suit be dismissed with costs.
Any other relief the Court deems fit may be granted.
Place: ……………
Date: ……………
Signature of Defendant/Advocate
Name: ……………
Address: ……………
6. Important Points to Remember
The written statement must be signed by the defendant or their authorized advocate.
It should be clear, concise, and factually accurate.
Avoid unnecessary repetition or irrelevant material.
It should deal point-wise with the allegations of the plaint.
7. Case Law Related to Written Statement
🔹 Sita Ram vs. Commissioner of Income Tax (AIR 1953 SC 149)
The Supreme Court held that the written statement is a defendant’s statement of defense and must deal with the allegations in the plaint specifically and clearly.
🔹 Krishna Ram Mahale vs. Krishnaji Ram Mahale (AIR 1958 SC 893)
It was held that mere filing of a written statement does not amount to a waiver of any procedural irregularity or jurisdictional challenge, which must be explicitly raised.
🔹 K.K. Verma vs. Union of India (AIR 1966 SC 1545)
The Court held that failure to file a written statement does not result in an automatic decree for the plaintiff. The plaintiff must still prove their case.
8. Consequences of Non-filing
If the defendant does not file a written statement, the court may pass a “Ex-parte decree” against them.
However, non-filing does not amount to admission of the plaintiff’s claim in law; it only removes the defendant's chance to contest.
Summary Table
| Point | Explanation |
|---|---|
| What | Formal written reply by defendant to plaint |
| When | Within 30 days of summons (extendable) |
| Purpose | Deny/Admit allegations, state defense |
| Legal Basis | Order VIII, CPC |
| Format | Preliminary objections, admissions, denials, defense, prayer |
| Case Law | Sita Ram, Krishna Ram Mahale, K.K. Verma |
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