Written Statement Format (Order VIII CPC)

Q: What is a written statement?

A written statement is the defendant's formal reply to the plaintiff's plaint in a civil suit. In it the defendant admits or denies each averment in the plaint, raises preliminary objections and additional pleas, and may include a set-off or counterclaim.

Q: What is the time limit to file a written statement?

Under Order VIII Rule 1 CPC, the defendant should file the written statement within 30 days of service of summons, extendable by the court for reasons recorded, generally up to 90 days from the date of service.

Q: What happens if a fact in the plaint is not denied?

Under Order VIII Rules 3 to 5 CPC, every allegation of fact not specifically denied, or not stated to be not admitted, is taken to be admitted. So the written statement must deal with each material averment specifically, paragraph by paragraph.

Q: What is a set-off and a counterclaim?

A set-off is a claim by the defendant to adjust an ascertained sum of money legally recoverable from the plaintiff against the plaintiff's claim. A counterclaim is an independent claim the defendant makes against the plaintiff, treated as a cross-suit within the same proceeding.

The written statement is the defendant's reply to the plaint. Miss a specific denial and the fact is deemed admitted; miss the time limit and you may need the court's leave. Below is the structure, the deadlines, and a ready template with a para-wise reply.

What is a written statement?

A written statement is the defendant's formal reply to the plaintiff's plaint in a civil suit. The defendant admits or denies each averment, raises preliminary objections and additional pleas, and may include a set-off or counterclaim. It is governed by Order VIII of the Code of Civil Procedure, 1908.

Time limit to file

Under Order VIII Rule 1 CPC, the written statement should be filed within 30 days of service of summons, extendable by the court for reasons recorded, generally up to 90 days from the date of service. File late only with the court's leave.

Structure of a written statement

Preliminary objections — jurisdiction, limitation, maintainability, non-joinder, etc.
Para-wise reply — admit or specifically deny each paragraph of the plaint (Order VIII Rules 3–5).
Additional pleas — the defendant's own version of facts and defences.
Set-off / counterclaim, if any (Order VIII Rules 6 / 6A).
Prayer to dismiss the suit, and verification.

Written statement template

IN THE COURT OF ____________________ AT ____________ Suit No. ______ of 20____ ____________________ ... Plaintiff Versus ____________________ ... Defendant WRITTEN STATEMENT ON BEHALF OF THE DEFENDANT PRELIMINARY OBJECTIONS 1. That the suit is barred by ____________________ [limitation / jurisdiction]. 2. That the plaint does not disclose a cause of action. PARA-WISE REPLY 1. That the contents of para 1 of the plaint are ____________ [admitted / denied]. 2. That the contents of para 2 are denied. The true facts are ____________. [continue para by para] ADDITIONAL PLEAS 1. That ____________________ [the defendant's version and defence]. PRAYER: It is therefore prayed that the suit be dismissed with costs. VERIFICATION I, the defendant, verify that paras ___ to ___ are true to my knowledge and paras ___ to ___ are believed to be true on information. Place: ____________ __________________________ Date: ____________ Defendant / Advocate

Draft a written statement in minutes

AdvoDraftAI turns the plaint into a structured written statement — a para-wise reply, preliminary objections, additional pleas, and verification — so nothing is left unanswered.

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Frequently asked questions

What is a written statement?

The defendant's formal reply to the plaint, admitting or denying each averment and raising defences, set-off, or counterclaim.

What is the time limit to file a written statement?

30 days from service of summons under Order VIII Rule 1 CPC, extendable by the court generally up to 90 days.

What happens if a fact in the plaint is not denied?

Under Order VIII Rules 3–5, a fact not specifically denied is deemed admitted — so reply to each material averment paragraph by paragraph.

What is a set-off and a counterclaim?

A set-off adjusts an ascertained sum recoverable from the plaintiff against the claim; a counterclaim is an independent claim treated as a cross-suit.

Written Statement Format (Order VIII CPC)

What is a written statement?

Time limit to file

Structure of a written statement

Written statement template

Draft a written statement in minutes

Frequently asked questions

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