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MODEL DRAFT FOR WRITTEN STATEMENT
IN THE COURT OF SHRI ……………… CIVIL JUDGE
(DISTRICT __________), DELHI
SUIT NO. ……………………OF 2017
X_______________
VERSUS
Y_________________
…..
DEFENDANT
….
PLAINTIFF
WRITTEN STATEMENT OF 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 short 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 and not sent 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 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 is 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 properly. As a matter of fact, Mr.
N is the owner of the suit properly.
4. That with respect to para 4 of the plaint, it is correct that the Defendant is in possession
of the suit properly. 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.)
11. 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.
12. That para 21 is not admitted. This Hon‟ble Court has no jurisdiction to entertain this
suit because the subject matter of this suit exceed the peciniary jurisdiction of this Hon‟ble
Court.
13. The 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
Delhi
Dated
VERIFICATION :
Verification 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.
THROUGH
ADVOCATE
DEFENDANT
[NOTE : Counter Claim, Set off can be joined in the Written Statement and the same may be
verified and supported by affidavit]
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