Specimen Format of Written explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Specimen Written Statement -- Money Recovery Defence
IN THE COURT OF THE CIVIL JUDGE (SENIOR DIVISION),
CIVIL SUIT NO. OF 20XX
..... PLAINTIFF | vs | ..... DEFENDANT
WRITTEN STATEMENT ON BEHALF OF THE DEFENDANT
PRELIMINARY OBJECTIONS
1. Limitation: The suit is barred by limitation. The alleged loan was advanced on , and the suit is filed on -- 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: The Plaintiff has failed to join 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. from the Plaintiff. The true facts are: the Defendant received Rs. 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. 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. on -- 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. for . The Defendant claims SET-OFF of Rs. against any amount that may be found due.
COUNTER-CLAIM (Order 8 Rule 6A)
10. The Defendant counter-claims Rs. against the Plaintiff for .
PRAYER: The Defendant prays that: (a) the suit be dismissed with costs, (b) the counter-claim of Rs. be decreed in favor of the Defendant, (c) any other appropriate relief.
VERIFICATION: I, , verify that paragraphs 1-10 are true to my personal knowledge / information and belief.
Filed through: | 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.
Key Facts About Specimen Format of Written
- Applies in: All states across India, under the relevant central law.
- Mode: Mostly online via the official government portal.
- Typical timeline: Ranges from a few days to a few weeks depending on the case.
- Non-compliance: May attract penalties, interest or late fees.
- Expert help: TaxClue completes the entire process end to end for you.
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.
Over 90% of compliance penalties in India arise from missed due dates — timely handling can save businesses thousands of rupees each year.
Specimen Format of Written: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.