Everand Logo

Welcome to Everand!

  • Discover millions of ebooks, audiobooks, and so much more with a free trial

    Only $11.99/month after trial. Cancel anytime.

    Drafting Written Statements: An Essential Guide under Indian Law
    Drafting Written Statements: An Essential Guide under Indian Law
    Drafting Written Statements: An Essential Guide under Indian Law
    Ebook182 pages3 hours

    Drafting Written Statements: An Essential Guide under Indian Law

    By Swetang Rataboli

    ()

    Read preview

    About this ebook

    Legal drafting is a skill that is developed by practice. Legal drafting requires the draftsman to have sound sense of dexterity while drafting any legal document. Legal drafting is essentially a combination of three basic skills (a) sound knowledge of law (b) good command over language and (c) being logically sound. A Legal draftsman is not only required to have a good command over the language in which he or she is drafting a legal document, but is also required to be logically sound, so as to harmonize the entire legal documents so drafted. A legal document should be such that it contemplates all contingencies and therefore provides for a remedy in every situation. A well drafted legal document is also required to be sans any contradictions and should have absolute coherence in its interpretation. 

    Drafting of a Written Statement in a civil suit, requires much of the skills as contemplated hereinbefore. In the legal dictionary, the phrase 'Written Statement' means a pleading for a defence. Written Statement is a pleading that establishes the defence of the defendant in a suit and pretty much makes or breaks the case for the defendant. Once an admission is made in the Written Statement, it cannot be withdrawn. Hence absolute contemplation and diligence is required to be exercised by the draftsman while drafting a Written Statement. Before drafting a Written Statement, the plaint should be examined carefully. The defendant is entitled take multiple defences, even though inconsistent, but should be legally maintainable. 

    This book covers all the rudiments of drafting of a Written Statement using examples of Model Drafts of various Written Statement, making you understand the concept thoroughly. If you are a law student, a young lawyer or a litigant in general, this book will be very helpful for you. After reading this book, one will be abreast of the basic concepts behind drafting of an effective Written Statement and putting forth one's defence before the court effectively.

    LanguageEnglish
    PublisherHouse of Law Publications
    Release dateJun 14, 2019
    ISBN9781393283508
    Drafting Written Statements: An Essential Guide under Indian Law

    Read more from Swetang Rataboli

    Related to Drafting Written Statements

    Related ebooks

    Administrative Law & Regulatory Practice For You

    View More
    View More

    Related podcast episodes

    Related articles

    • Article

      Crime And Punishment

      May 30, 2018

      Crime And Punishment
      11 min read

    • Article

      “The Basic Contract Elements Are Often Not Called Into Question. But They’re Still There Nagging At You”

      Jul 6, 2023

      One of the first things I was taught at law school was how a contract is formed. Someone needs to make an offer to another party; for example, Person A says to Person B, “I will provide you with services for £200”. Person B needs to accept that offer

      6 min read

    • Article

      Contracts, Cancellations And COVID-19

      Aug 6, 2020

      When we ran our Authors in the Health Crisis survey in May, we found that four out of five professional authors had suffered significant financial losses during the health crisis, with contracts and events cancelled, and other projects indefinitely p

      4 min read

    • Article

      How to Lose Your Case in Small Claims Court

      Jan 10, 2020

      The closest thing that most of us will ever come to meeting a Judge Judy is by suing or being sued in small claims court. Having served as a pro tem judge in small claims court, I learned that, next to being stopped by a traffic officer and getting

      4 min read

    • Article

      What Trustees Should Know About Property Transactions

      Apr 17, 2021

      UNDER the Alienation of Land Act, any deed of sale of immovable property has to be in writing, and the parties thereto or their agents have to be legally authorised to act at the time of signing of the contract. Section 2(1) of the act provides that

      4 min read

    • Article

      What Trustees Should Know About Property Transactions

      Apr 17, 2021

      UNDER the Alienation of Land Act, any deed of sale of immovable property has to be in writing, and the parties thereto or their agents have to be legally authorised to act at the time of signing of the contract. Section 2(1) of the act provides that

      4 min read

    • Article

      What Trustees Should Know About Property Transactions

      Apr 17, 2021

      UNDER the Alienation of Land Act, any deed of sale of immovable property has to be in writing, and the parties thereto or their agents have to be legally authorised to act at the time of signing of the contract. Section 2(1) of the act provides that

      4 min read

    • Article

      What Trustees Should Know About Property Transactions

      Apr 17, 2021

      UNDER the Alienation of Land Act, any deed of sale of immovable property has to be in writing, and the parties thereto or their agents have to be legally authorised to act at the time of signing of the contract. Section 2(1) of the act provides that

      4 min read

    • Article

      What to Expect When You Hire a Lawyer

      Jan 18, 2022

      If the adage about one bad apple spoiling the barrel is true, the American justice system may be in trouble. Perhaps you’ve heard of famed attorney Thomas Girardi, married to Real Housewives of Beverly Hills star Erika, who was recently accused of st

      4 min read

    • Article

      Will Arbitration Go Awry?

      Jul 8, 2019

      Will Arbitration Go Awry?
      4 min read

    • Article

      Owed Money? When NOT to File a Lawsuit for It

      Nov 2, 2020

      “Our local newspaper wrote a nice article about me obtaining my license as an architect. This led to being contacted by ‘Diane,’ who wanted to do a remodel and expansion of her law office. She was my first client,” “Ed’s” email began. “Before being p

      3 min read

    • Article

      Preparing For The Tribunal

      Aug 29, 2019

      When deciding to take a case to the Tenancy Tribunal you need to be clear about what you are trying to achieve. If it’s over a $100 cleaning invoice, then consider the likely outcome, versus what you think your time is worth. Before property manageme

      3 min read

    • Article

      RAF CEO Bemoans ‘Jud Icial Overreach’

      Nov 22, 2020

      ROAD Accident Fund (RAF) CEO Collins Letsoalo has cautioned judges against abusing their powers and overstepping boundaries when delivering judgments. This follows comments by a judge that in her opinion, the RAF should be liquidated, which Letsoalo

      4 min read

    • Article

      Don’t Assume A Trustee Has The Board’s Authority To Act

      Nov 21, 2020

      OUTSIDE parties that deal with a trust often assume the trustees have both the authority and capacity to enter into transactions binding the trust. If trustees have not ensured that these requirements are met, to what extent can these outside parties

      3 min read

    • Article

      Don’t Assume A Trustee Has The Board’s Authority To Act

      Nov 21, 2020

      OUTSIDE parties that deal with a trust often assume the trustees have both the authority and capacity to enter into transactions binding the trust. If trustees have not ensured that these requirements are met, to what extent can these outside parties

      3 min read

    • Article

      Don’t Assume A Trustee Has The Board’s Authority To Act

      Nov 21, 2020

      OUTSIDE parties that deal with a trust often assume the trustees have both the authority and capacity to enter into transactions binding the trust. If trustees have not ensured that these requirements are met, to what extent can these outside parties

      3 min read

    • Article

      The Sun Never Sets On Clause Queries

      Mar 3, 2022

      Q I’ve got a new build under construction, where the timeline has blown out and we are getting close to the sunset clause date. I’m worried that the developer will cancel and put up the price. Is there anything I can do? Can I claim a breach of the F

      5 min read

    • Article

      2 Contractual Clauses You May Want to Avoid

      Dec 14, 2020

      “I am selling one of my three lube and tire stores to a large national chain that has similar shops all over my part of the country. Their attorney prepared the sales agreement. Our family’s lawyer pointed out two paragraphs he did not like: “I thoug

      2 min read

    • Article

      Don’t Assume A Trustee Has The Board’s Authority To Act

      Nov 21, 2020

      OUTSIDE parties that deal with a trust often assume the trustees have both the authority and capacity to enter into transactions binding the trust. If trustees have not ensured that these requirements are met, to what extent can these outside parties

      3 min read

    • Article

      Robust Debate Needed On Expropriation Bill

      Nov 16, 2020

      The mere thought of the state being able to acquire ownership of any property against an owner’s will is not something that can be taken lightly, but if you factor in the possibility of nil compensation, it is not surprising that the tabling of the E

      3 min read

    • Article

      The Employment Contract, And Why It's So Crucial

      Dec 30, 2022

      The employment contract is the most important document in the employment relationship. If used effectively, it can be invaluable to the employer and employee. When there is a dispute in the workplace, the employment contract, as the basis of the rela

      2 min read

    • Article

      Could Your Lawyer Have Cheated You on Your Bill?

      Dec 23, 2020

      Today’s story looks at billing practices that may violate ethical rules that apply to lawyers across the country. Before reading further, if you have hired an attorney recently or in the past few years and still have the paperwork, pull out the retai

      4 min read

    • Article

      Illegal Foreigners In Your Employment

      Jul 28, 2023

      Employers in the agriculture sector are regularly faced with the situation where a foreign national they have been employing is no longer in possession of valid work documentation. Employers are then required to take the appropriate actions to termin

      2 min read

    • Article

      Could Your Trust Be Disregarded By The Courts?

      Mar 20, 2021

      THE fact that you have a written trust deed is no guarantee that your assets are secure and the trust is safe from attack. If you never intended to create a genuine trust from the outset, it may be attacked and labelled a sham trust. On the other han

      3 min read

    Related categories

    Reviews for Drafting Written Statements

    0 ratings

    0 ratings0 reviews

    What did you think?

    Tap to rate

    Review must be at least 10 words

      Book preview

      Drafting Written Statements - Swetang Rataboli

      #Preface

      Legal drafting is a skill that is developed by practice. Legal drafting requires the draftsman to have sound sense of dexterity while drafting any legal document. Legal drafting is essentially a combination of three basic skills (a) sound knowledge of law (b) good command over language and (c) being logically sound. A Legal draftsman is not only required to have a good command over the language in which he or she is drafting a legal document, but is also required to be logically sound, so as to harmonize the entire legal documents so drafted. A legal document should be such that it contemplates all contingencies and therefore provides for a remedy in every situation. A well drafted legal document is also required to be sans any contradictions and should have absolute coherence in its interpretation.

      Drafting of a Written Statement in a civil suit, requires much of the skills as contemplated hereinbefore. In the legal dictionary, the phrase ‘Written Statement’ means a pleading for a defence. Written Statement is a pleading that establishes the defence of the defendant in a suit and pretty much makes or breaks the case for the defendant. Once an admission is made in the Written Statement, it cannot be withdrawn. Hence absolute contemplation and diligence is required to be exercised by the draftsman while drafting a Written Statement. Before drafting a Written Statement, the plaint should be examined carefully. The defendant is entitled take multiple defences, even though inconsistent, but should be legally maintainable.

      This Book contains drafts of Written Statements that I have referenced and used and are true and correct to the best of my knowledge.

      Efforts have been made to format this book to the best of my capabilities. However some formatting errors may creep in, for which I apologize in advance. 

      #Basic provisions governing a Written Statement

      Written Statement is primarily governed by Order VIII of the Code of Civil Procedure, 1908. Order VIII includes rules and their sub rules which define the basic principles of a Written Statement. Rule 1 provides that a Written Statement shall be filed within 30 days from the date of receipt of summons. It further provides that if the defendant fails to file the Written Statement within 30 days from the date of receipt of summons, he or she can be permitted to file it on a later date, provided it’s not beyond 90 days. The extension of time to file Written Statement is subject to leave being granted by the Court adjudicating the matter.

      Written Statement is to be filed with 30 days from the ‘date of receipt of summons’ and not from the date on which the suit fixed for the appearance of the defendant. Therefore the respective defendant should take a note of the day on which the summons have been served upon him or her and accordingly comply with the said provision.

      In the Written Statement, the defendant shall deal with every material fact alleged by the plaintiff in their plaint and also shall bring on record, any additional fact if any pertaining to the said case.

      The defendant is further required to produce documents relied upon or upon which the relief is claimed by the defendant. The documents are required to be arranged in a list and produced. If such documents are not in the possession of the defendant, then the defendant is required to state as to in whose possession or power they are.

      A Written Statement should only state facts and not the law. Law is to be interpreted by the court. The facts so stated on the Written Statement should be material facts and not irrelevant facts and should further be in a concise form.

      The defendant is required to plead all such matter such as the suit being not maintainable, or the transaction is void or voidable and all such grounds of defence, if not raised in the Written Statement, shall take the opposite party by surprise.

      The denials in the Written Statement should be clear and specific. Nothing should be ambiguous and the language should be as coherent and as simple as possible. Denials should also not be evasive, for otherwise defendants would deny the entire contents of the plaint blankly. Efforts should be made to clarify denials made by the defendants, with reference to the excerpts of the plaint. Any statement if not denied specifically can be deemed to be admitted.

      The defendant is also entitled to set up a ‘set-off’ or a ‘counter claim’ along with the Written Statement. A ‘set-off’ or a ‘counter claim’ has to accompany the Written Statement and shall be part of it.

      A ‘counter claim’ is a claim brought by the defendant as against the plaintiff in the same suit. A counter claim is basically another suit altogether, filed by the defendant as against the plaintiff, along with the written statement. The object behind providing for a counter claim is to reduce litigation in the courts. Counter claim can be filed by a defendant against only those persons who are parties and are arrayed as plaintiffs in the suit. A counter claim as mentioned earlier is just like an independent suit and thus is not required to be of the same nature as that of the plaintiff’s suit. Even if the plaintiff withdraws his or her suit, the counterclaim still remains and can still be proceeded with by the defendant as against the plaintiff.

      A ‘set-off’ is a kind of a counter claim that operates as a defence to claim. The doctrine of Set Off allows the defendant to put his own claim against the plaintiff before the court under certain circumstances. A set-off can be filed only in a money suit i.e. where the suit is for recovery of money or a suit where recovery of money is one of the reliefs.

      #Structure of a Written Statement

      A Written Statement has generally the same structure as that of any other application under the Code of Civil Procedure, 1908. A Written Statement contains facts that are pleaded by the defendant, before the court in the respective suit. Therefore unlike some of the application filed under the Code of Civil Procedure, 1908, a Written Statement is compulsorily required to be verified and further affirmed on oath by the defendant. A defendant is also required to furnish their registered address along with the Written Statement (Order 6 rule 14-A). This can either be done by furnishing a ‘Memo of Address’ along with the Written Statement or by simply stating the registered address at the threshold of the Written Statement.

      While the Code of Civil Procedure, 1908 does not provide for a comprehensive Performa of a Written Statement, drafting of a Written Statement can be broken down into the following:-

      The Heading

      The Preface

      The Body

      The Relief

      The Heading

      The Heading is the cause title of the Written Statement. The Written Statement should begin with the name of the court in which the suit is brought

      For example:

      IN THE COURT OF THE CIVIL JUDGE JUNIOR DIVISION, AT MARGAO GOA

      (The above should be preferably written in capital letters)

      Next comes the Number of the suit

      For Example:

      Regular Civil Suit No.20/2018

      After the above heading the title of the suit should be stated. It contains the name, description and place of residence of the plaintiff and the other parties to the suit. The cause title should be exactly the same as that of what is stated in the plaint. Corrections if any, required to be effected to the cause title of the suit, should be prayed for in the Written Statement.

      For Example:

      The defendant states that the correct name of the defendant is Mr................ and is wrongly mentioned in the cause title of the plaint. The defendant therefore prays that the plaintiff be directed to carry out necessary corrections to therein.

      After the names of the parties, the nomenclature should be stated. The serial number of the defendant filing the Written Statement, in case there is more than one defendant, should be stated so as to avoid any ambiguity.

      For Example:

      WRITTEN STATEMENT OF THE DEFENDANT NO.3

      The same should be followed on the next line by the Phrase MAY IT PLEASE YOUR HONOUR

      The Preface

      This part is where the all the preliminary objections are raised. The preface is also where in some cases, the crux of the defence pleaded by the defendant or the essential facts from the defendant’s facet are stated. The defendant has to state their preliminary objections clearly at the threshold of the Written Statement since the court decides the preliminary objections first and then subsequently proceeds towards deciding the matter on merits.

      For Example:

      "PRILIMINARY OBJECTIONS

      The defendant states that the suit is illegal, untenable in law and thus deserves to be dismissed with costs.

      The defendant states that the suit is grossly barred by law of limitation since the cause of action to file the present suit arose on ......................... when the plaintiff first realized........................... The defendant states that present suit is filed on................ which is exactly................. years from the date of accrual of the said cause of action. The defendant therefore prays that the suit be dismissed with costs.

      Without prejudice to the above, the defendant states and submits as under at the outset:-

      The defendant states that the defendant had borrowed an amount of Rs................/- from the plaintiff on ................., as the defendant was in dire need of the said amount for the purpose of treatment of his ailing mother, who was admitted in the hospital.

      The defendant states that as per the agreement between the plaintiff and the defendant, the defendant was to repay the said amount of Rs........../- with at ...% interest within a period of ............ from the receipt of the said amount, in monthly instalments of Rs.........../-. The defendant states that accordingly the defendant started repaying the said amount in various instalments to the plaintiff, for which the defendant was issued valid receipts. The defendant further states that although the defendant defaulted in paying the instalment for the month of..............., the defendant made up for the said default by paying the said an amount of Rs.............../- the following month, which was duly accepted by the plaintiff.

      The defendant states that the defendant paid the final instalment of Rs.........../- on .................... thereby discharging the defendant’s total debt towards the plaintiff. The defendant therefore states that as such the present suit is untenable and therefore deserves to be dismissed with costs."

      The Body

      The Body of the Written Statement is where the defence of the defendant is elaborated. The facts pertaining to the defendant’s case are comprehensively stated in this part. The defendant can choose to admit or deny the contents of the plaint and/or make para wise references to the plaint filed by the plaintiff. As Order VIII of the Code of Civil Procedure, 1908 governing the Written Statement mandates that denials should not be evasive and should be specific, the defendant is required to clearly state as to which para or which part of the para is admitted and

      Enjoying the preview?
      Page 1 of 1