Specimen Written Statement -- Money Recovery Defence
[Complete template -- responding to the plaint above]
IN THE COURT OF THE CIVIL JUDGE (SENIOR DIVISION), [CITY]
CIVIL SUIT NO. [Number] OF 20XX
[Plaintiff Name] ..... PLAINTIFF | vs | [Defendant Name] ..... DEFENDANT
WRITTEN STATEMENT ON BEHALF OF THE DEFENDANT
PRELIMINARY OBJECTIONS
1. Limitation: The suit is barred by limitation. The alleged loan was advanced on [Date], and the suit is filed on [Date] -- beyond the 3-year limitation period under Article [19/55] of the Limitation Act, 1963. The suit is liable to be dismissed on this ground alone.
2. Non-joinder: [If applicable] The Plaintiff has failed to join [Name] as a party who is a necessary party to this suit.
PARA-WISE REPLY
3. Para 1 of the Plaint: Admitted that the Plaintiff resides at the address stated. The remaining contents are not admitted.
4. Para 2 of the Plaint: Admitted.
5. Para 3 of the Plaint: DENIED. The Defendant did not borrow Rs. [Amount] from the Plaintiff. The true facts are: the Defendant received Rs. [Amount] as the Plaintiff's INVESTMENT in the Defendant's business as a partner/joint venturer. The document marked as Exhibit P-1 by the Plaintiff does not constitute a loan -- it is an investment agreement. [Alternatively: The Defendant admits receiving Rs. [Amount] but denies it was a loan -- it was payment for services/goods supplied by the Defendant to the Plaintiff.]
6. Para 4 of the Plaint: DENIED. There is no obligation to "repay" because the amount was not a loan. [Alternatively: The Defendant has already REPAID Rs. [Amount] on [Dates] -- receipts are attached as Exhibit D-1 to D-3. The balance, if any, is disputed.]
7. Para 5 of the Plaint: Admitted that the legal notice was received. The Defendant replied denying liability (Exhibit D-4). The Defendant's reply clearly states the correct position.
8. Para 6-7 of the Plaint: Denied. The cause of action, if any, is time-barred. Jurisdiction is not disputed.
ADDITIONAL DEFENCE
9. The Plaintiff has suppressed material facts -- the Plaintiff owes the Defendant Rs. [Amount] for [goods supplied/services rendered/other claim]. The Defendant claims SET-OFF of Rs. [Amount] against any amount that may be found due.
COUNTER-CLAIM (Order 8 Rule 6A)
10. The Defendant counter-claims Rs. [Amount] against the Plaintiff for [describe the independent claim -- goods supplied, services rendered, damages for breach].
PRAYER: The Defendant prays that: (a) the suit be dismissed with costs, (b) the counter-claim of Rs. [Amount] be decreed in favor of the Defendant, (c) any other appropriate relief.
VERIFICATION: I, [Defendant Name], verify that paragraphs 1-10 are true to my personal knowledge / information and belief.
Filed through: [Advocate Name] | Date: [Date]
Disclaimer: This article is for informational purposes only and does not constitute legal or professional advice. While every effort has been made to ensure accuracy based on the latest laws and amendments, readers should consult a qualified professional before acting on any information provided. For expert assistance, contact us.
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❓ Frequently Asked Questions
What is the most important rule for written statement drafting?
SPECIFIC DENIAL -- Order 8 Rule 3 CPC. Every material allegation in the plaint must be specifically dealt with: ADMITTED, DENIED (with the correct facts stated), or NOT ADMITTED. A GENERAL denial ('all allegations are denied') is treated as ADMISSION. For each denied paragraph: state exactly WHAT is denied and WHY -- provide the defendant's version of events. This is the single most important rule -- failure to specifically deny = deemed admission at trial.
Can a counter-claim exceed the plaintiff's claim?
YES -- under Order 8 Rule 6A: a counter-claim is an INDEPENDENT claim by the defendant against the plaintiff -- it can be for ANY amount and ANY relief (not limited to the plaintiff's claim amount). The counter-claim is treated as a SEPARATE SUIT -- the court decides both the plaintiff's suit and the defendant's counter-claim together. Court fee: the defendant must pay court fee on the counter-claim value (same rates as a regular suit). If the plaintiff's suit is dismissed and the counter-claim is decreed: the plaintiff pays the defendant.
What documents should the defendant file?
Under Order 8 Rule 1A: the defendant should file ALL documents relied upon WITH the written statement: (1) PAYMENT receipts proving repayment (if claiming payment was made), (2) AGREEMENTS proving the true nature of the transaction, (3) CORRESPONDENCE showing the defendant's version, (4) BANK STATEMENTS supporting the defence, (5) The defendant's REPLY to the legal notice, (6) Documents supporting the COUNTER-CLAIM (if any). Documents not filed with the written statement: filing later requires court permission -- which may be denied. File everything upfront.
When should preliminary objections be raised?
In the WRITTEN STATEMENT itself -- at the very beginning, BEFORE the para-wise reply. Common preliminary objections: (1) LIMITATION -- suit filed beyond the prescribed period, (2) JURISDICTION -- wrong court, (3) RES JUDICATA -- matter already decided, (4) NON-JOINDER -- necessary party not joined, (5) MAINTAINABILITY -- suit not maintainable (wrong forum, no cause of action). Raising preliminary objections in the written statement: (a) gives the court notice early, (b) may lead to dismissal without trial (saving time and costs), (c) preserves the defendant's right to argue these points. If NOT raised in the written statement: some objections (like limitation) can still be raised later -- but jurisdiction objections may be waived.
What is the consequence of not filing a written statement?
If the defendant FAILS to file within 30 days (extendable to 120 days maximum): (1) the court may proceed EX PARTE -- based solely on the plaintiff's evidence, (2) the defendant CANNOT cross-examine or present evidence, (3) an EX PARTE decree may be passed -- which is difficult to set aside (Order 9 Rule 13 -- must show 'sufficient cause'), (4) the defendant loses the opportunity to present their version, raise objections, or file counter-claims. ALWAYS file the written statement within time -- even a brief, preliminary statement preserves the defendant's right to participate.
