DRAFT FOR WRITTEN STATEMENT

MODEL DRAFT FOR WRITTEN STATEMENT
IN THE COURT OF SHRI CIVIL JUDGE
(DISTRICT ), DELHI
SUIT NO. ……………………OF 2017

X

… PLAINTIFF

VERSUS

Y

…..DEFENDANT

WRITTEN STATEMENT ON BEHALF OF THE DEFENDANT

MOST RESPECTFULLY SHOWETH:

PRELIMINARY OBJECTIONS:

1. That the suit is barred by limitation under Article….. of the Limitation Act and is liable to be dismissed on this ground alone.
2. That this Hon’ble Court has no jurisdiction to entertain and try this suit because…………………
3. That the suit has not been properly valued for the purpose of court fees and jurisdiction and is therefore liable to rejected outrightly.
4. That there is absolutely no cause of action in favour of the Plaintiff and agianst the Defendant. The suit is therefore liable to be rejected on this ground also.
5. That the suit is bad for non-joinder of necessary parties, namely ……………………..
6. That the suit is bad for mis-joinder of Z.
7. That the suit is barred by the decree dated ………………. passed in suit No…………………..titled Y Versus X by Sh. ………………………, Sub-Judge, Delhi, The present suit is therefore barred by the principle of res-judicata and therefore liable to be dismissed on this short ground alone.
8. That the suit is liable to be stayed as a previously instituted suit between the parties bearing No……………… is pending in the Court of Sh. , Sub-Judge, Delhi
9. That the suit has not been properly verified in accordance with law.
10. That the Plaintiff’s suit for permanent injunction is barred by Section 41 (h) of the Specific Relief Act since a more efficacious remedy is available to the Plaintiff. The Plaintiff has alleged breach of contract by the Defendant. Assuming, though not admitting, that the Defendant has committed any alleged breach, the remedy available to the Plaintiff is by way of the suit for specific performance.
11. That the Plaintiff’s suit for permanent injunction is also barred by Section 41 (i) of the Specific Relief Act because he has not approached this Hon’ble Court with clean hands and his conduct has been most unfair, dishonest and tainted with illegality.
12. That the Plaintiff’s suit for declaration is barred by Section 34 of the Special Relief Act as the plaintiff has omitted to claim further consequential relief available to him.
13. That the suit is barred by Section 14 of the Specific Relief Act as the contract of personal service cannot be enforced.
14. That the suit is liable to be dismissed outrightly as the Plaintiff has not given the mandatory notice under Section 80 of the Code of Civil Procedure/Section 14 (1) (a) Rent Control Act/Section 478 of the Delhi Municipal Corporation Act.
15. That the suit is liable to be dismissed as the Plaintiff firm is not registered under Section 69 of the Indian Partnership Act and as such is not competent to institute this suit.
16. That the present suit is barred by Section 4 of the Benami Transaction (Prohibition) Act, 1988, and is therefore liable to be dismissed outrightly.

ON MERITS :

Without prejudice to the preliminary objections stated above, the reply on merits, which is without prejudice to one another, is as under:-

1. That the contents of para 1 of the plaint is correct and is admitted.
2. That the contents of para 2 of the plaint are denied for want of knowledge. The Plaintiff be put to the strict proof of each and every allegation made in the para under reply.
3. That the contents of para 3 of the plaint are absolutely incorrect and are denied. It is specifically denied that the Plaintiff is the owner of the suit property. As a matter of fact, Mr. N is the owner of the suit property.
4. That with respect to para 4 of the plaint, it is correct that the Defendant is in possession of the suit property. However, the remaining contents of para under reply are absolutely incorrect and are denied. It is specifically denied that………………….
   5-10. (Each and every allegation must be replied specifically depending upon the facts of each case. The above reply on merits is therefore only illustrative in nature.)
5. That para 11 of the plaint is incorrect and is denied. There is no cause of action in favour of the Plaintiff and against the Defendant because………………….. The plaintiff is therefore liable to be rejected outrightly.
6. That the contents of para 21 is not admitted. This Hon’ble Court has no jurisdiction to entertain this suit because the subject matter of this suit exceeds the pecuniary jurisdiction of this Hon’ble Court.
7. The the contents of para 13 is not admitted. The suit has not been properly valued for the purpose of court fee and jurisdiction. According to the Defendant the correct valuation of the suit is Rs……………….

PRAYER:
It is, therefore most respectfully prayed that this Hon’ble Court may be pleased to:
a) Dismiss the suit of the plaintiff.
b) Award costs to the defendant.
c) Pass any other just and equitable order as deemed fit in the interest of justice.

DEFENDANT

THROUGH

ADVOCATE

Place:
Date:

VERIFICATION :

Verified at Delhi on … day….. of , 20… that the contents of paras 1 to …. Of the preliminary objection and para…to… of reply on merits are true to my personal knowledge and those of paras … to ….of preliminary objection and para…to… of reply on merits are true & correct on the basis of legal advice received and belived to be true. Last para is prayer to the Hon’ble Court.

DEFENDANT

[NOTE : Counter Claim, Set off can be joined in the Written Statement and the same may be verified and supported by affidavit]