Legal SYNK

Easy way to draft written statement with Sample draft

Procedure of Drafting Written Statement in India

In legal proceedings, a written statement serves as a crucial document that allows the defendant to present their version of the facts and arguments before the court. It is a formal response to the allegations made in the plaintiff’s plaint. This article will guide you through the procedure of drafting a written statement in India, ensuring that you understand the essential components and considerations involved in this process.

Easy way of drafting a written statement with sample draft

1. Introduction

In any legal dispute, it is vital for the defendant to respond to the allegations raised against them. The written statement allows the defendant to present their defense and counter the claims made by the plaintiff. It is essential to draft a comprehensive and well-structured counter to ensure that your defense is effectively communicated to the court.

2. Legal Framework

The procedure of drafting is governed by the Civil Procedure Code, 1908, in India. According to Order VIII, Rule 1, the defendant has to submit the written statement within 30 days from the date of receiving the summons, or a specific time granted by the court.

3. Understanding the Allegations

Before drafting a WS, it is crucial to carefully read and understand the allegations mentioned in the plaintiff’s plaint. Analyze each claim and gather all the necessary information and evidence that will support your defense.

4. Gathering Relevant Information

To strengthen your defense, it is essential to gather all relevant information and documents related to the case. This may include contracts, agreements, correspondence, or any other evidence that supports your version of the facts. Thoroughly review these materials and identify the key points to be incorporated into your WS.

5. Structuring the Written Statement

A well-structured WS ensures clarity and coherence. Begin with an introduction, followed by separate paragraphs addressing each allegation. It is advisable to number each paragraph for easy reference and cross-referencing with the plaintiff’s plaint.

6. Drafting the Written Statement

While drafting the WS, it is important to maintain a formal tone and provide a point-by-point response to each allegation. Clearly state your defense, presenting the facts, arguments, and legal provisions supporting your case. It is crucial to avoid any irrelevant or extraneous information that may dilute the strength of your defense.

7. Review and Proofreading

After drafting the written statement, review it thoroughly for any grammatical errors, factual inconsistencies, or legal inaccuracies. Ensure that the language used is clear, concise, and persuasive. Seek the assistance of legal experts or professionals to review your written statement, if required.

8. Filing the Written Statement

Once you are satisfied with the final draft of your written statement, it is time to file it with the court. Make several copies of the written statement and attach the necessary court fees. Submit the original written statement to the court, keeping the copies for your records and serving them to the plaintiff’s counsel.

9. Sample Draft of Written Statement

IN THE COURT OF SENIOR CIVIL JUDGE AT DEHRADUN

CIVIL SUIT NO. _______OF 2022

IN THE MATTER OF:

Mrs. Seema Singh, aged about 28 years, W/o Late Mr. Arun Singh,

R/o Prem Nagar, Dehradun ………………………………. Plaintiff

Mr. Ram Prasad, aged about 30 years, S/o Shyam Prasad, R/o Vasant Vihar, Dehradun.
IDFC Ltd. A Company duly registered under Companies Act, 2013 having its Registered office at Clock Tower, Dehradun through its director.

.………………………….Defendants

WRITTEN STATEMENT ON BEHALF OF DEFENDANT

Most Respectfully Showeth:

That Para 1 of the plaint is correct and admitted.
That Para 2, 3, and 4 are correct and admitted.
That the contents of Para 5 are denied. As it was not a negligent act on the part of Defendant. Rather, it was an accident for which no blame can lie on the defendants. Touching the gun of the guard is not an act that is considered to be the work of Plaintiff and their friends. It was rather negligence of their counterpart.
That the contents of Para 6, 7, and 8 are correct and admitted.
That the contents of Para 9 are denied. Plaintiff does not die because of the negligence of Defendant 1. Rather, it was a free-swinging act on part of their friends that they misused the guard’s gun in his absence, the gun was at a safe place, that Defendant 1 used to keep,
That the part defendant was an employee is agreed but the situation which occurred was an inevitable accident during the working hours of the company.
That para 11 is correct and admitted.
That Para 12 is denied for want of knowledge. The amount of compensation demand is not measurable. The amount provided by the government is to be used but the measure of the plaintiff is unreasonable.
That the contents of para 13 are agreed however, the compensation valuation should be corrected.
That para 14 is not admitted. The suit has not been properly valued for the purpose of court fees and jurisdiction. According to Defendant the correct valuation is 1,00,000 and court fees is Rs. 10 lakh and court fees are Rs. 400.
That the contents of para 15 are admitted.

PRAYER

It is, therefore, prayed that this Hon’ble Court may be pleased to:

Dismiss the suit of the plaintiff.
And, pass any other just and equitable order as deemed fit in the interest of Justice.

Place: Dehradun DEFENDANT THROUGH Date: 24/03/2022 JEET SINHA

VERIFICATION

We, Ram Singh (Defendant no. 1) and Director (Defendant no. 2) do hereby declare that the facts from 1 to 7 are correct to best of our knowledge and the facts of para 8 to 11 are believed to be correct on account of legal advice sought.

Place: Dehradun DEFENDANTS THROUGH Date: 24/03/2022 JEET SINHA

Watch the procedure of drafting in simple manner on Jeet Sinha YouTube Channel by clicking here.

10. Conclusion

Drafting a written statement is a crucial step in defending your case in legal proceedings. By following the proper procedure and ensuring that your written statement is well-structured and persuasive, you can effectively present your defense before the court. Remember to adhere to the specified timelines and legal requirements during the drafting and filing process.

11. FAQs

Q1: Can I request an extension of the 30-day deadline for submitting the written statement? Yes, under certain circumstances, you may apply for an extension of time to submit the written statement. It is advisable to consult with your legal counsel and make the necessary application to the court.

Q2: What happens if I fail to file a written statement within the specified time? If you fail to file a written statement within the stipulated time, the court may proceed with the case based on the evidence presented by the plaintiff. It is crucial to adhere to the deadlines to avoid any adverse consequences.

Q3: Can I amend the written statement after filing it with the court? Yes, you may seek permission from the court to amend your written statement. However, it is essential to provide valid reasons for the amendment and ensure that it does not cause any prejudice to the other party.

Q4: Is it necessary to hire a lawyer for drafting the written statement? While it is not mandatory to hire a lawyer, seeking legal assistance can significantly enhance the quality and effectiveness of your written statement. An experienced lawyer can guide you through the process and ensure that your defense is well-presented.

Q5: Can I rely on oral arguments instead of filing a written statement? No, a written statement is a mandatory requirement in civil proceedings. It provides a formal record of your defense and allows the court to consider your arguments and evidence while adjudicating the case.

In conclusion, drafting a written statement in India is a critical aspect of legal proceedings. By following the prescribed procedure, understanding the allegations, and presenting a well-structured defense, you can effectively protect your rights and present your case before the court. Remember to consult with legal professionals for guidance and support throughout the process