How To Draft Written Statement? Step-by-Step Guide, Rules & Common Mistakes

A Written Statement (WS) is the defendant’s formal and impactful response to the plaintiff’s plaint and forms the foundation of the defence in a civil case. It is not just a narration of facts but a carefully structured legal strategy that addresses each allegation raised in the plaint.

A well-drafted WS must be precise, clear, and legally sound, as it defines the scope of the dispute and shapes the course of the trial. Strategic admissions, specific denials, and timely preliminary objections can protect the defendant’s rights and prevent adverse inferences. Therefore, drafting a strong and accurate Written Statement at the outset is crucial, as it can significantly influence both the progress and the outcome of the litigation. Here, we explained how to draft written statements with steps.

1. The Para-wise Reply Technique

The most fundamental rule of drafting a Written Statement is the para-wise reply technique. Courts require a structured response to allegations in the plaint, not an emotional account. This technique mandates that the response in the WS directly corresponds to each paragraph in the plaint.

Core Principle:

Each allegation in a specific plaint paragraph must be addressed in the corresponding paragraph number of the Written Statement. For every paragraph in the plaint, the defendant must either:

1. Admit the allegation.

2. Deny the allegation.

3. Reply with a proper explanation, adding context or clarifying facts.

Adhering to this structure ensures the WS is organized, clear, and strategic. Failure to reply para-wise is considered poor drafting and leads to a weak defence.

Key Drafting Rules for Para-wise Replies

• Follow the same paragraph numbering as the plaint. For instance, if responding to Para 3 of the plaint, your response must be under Para 3 of the WS.

• Avoid combined replies to multiple paragraphs. Address each allegation in the specific paragraph where it appears in the plaint to prevent confusion and strengthen clarity.

• Be clear and concise.

Example:

• Plaint (Para 3): "That the defendant borrowed ₹5,00,000 from the plaintiff on 12th of March 2023."

• Written Statement (Para 3): "The contents of Para 3 of the plaint are denied. It is incorrect that the defendant borrowed ₹5,00,000 from the plaintiff on the alleged date."

This example illustrates a clear, concise, and direct denial that precisely corresponds to the specific plaint paragraph.

2. Admission vs. Denial

Strategically deciding what to admit and what to deny is critical when drafting a WS, as both actions carry significant legal consequences.

(Memory Tip: The speaker describes admission as a "double-edged sword" because a wrong admission can be fatal to the case, as admitted facts need not be proven. Conversely, a vague denial can also be dangerous and may be interpreted against the defendant.)

Strategic Considerations

Example of an Admission:

"It is admitted that the defendant and the plaintiff were known to each other." (This admits a relationship but does not admit to the alleged financial transaction, thereby limiting the scope of admission.)

How To Draft a Plaint? A Step-by-Step Legal Drafting Guide

3. Raising Legal Objections

Many cases are dismissed not on factual merits, but on preliminary legal objections. These are powerful tools for the defence.

The most critical rule is that legal objections must be raised at the initial stage in the Written Statement. Failure to raise these objections early can be treated by the court as a waiver, meaning the defendant may lose the right to argue that point later in the proceedings.

Common Legal Objections to Raise in a WS

• Lack of Cause of Action: The plaint fails to disclose a valid legal reason or grounds for the lawsuit to proceed.

• Bar of Limitation: The suit was filed after the legally prescribed time limit for initiating such action had expired, making it legally unenforceable.

• Lack of Jurisdiction: The court hearing the case does not possess the legal authority (whether territorial, pecuniary, or subject-matter) to adjudicate the dispute.

• Improper Valuation and Court Fees: The plaintiff has incorrectly valued the suit amount or has not paid the requisite court fees as per state rules, which are mandatory for the suit to be properly instituted.

Example of Phrasing an Objection:

"That the present suit is barred by limitation and is liable to be dismissed on this ground alone."

4. Common Drafting Blunders to Avoid

Avoiding common mistakes is as important as learning correct drafting techniques. A single error can severely compromise the defence.

Key Mistakes in WS Drafting

1. Admitting Unnecessary or Harmful Facts: Never admit any fact that strengthens the plaintiff's allegations or weakens your own defense, as admissions are conclusive.

2. Making Vague or Evasive Denials: All denials must be specific and directly address the allegation. General or unclear denials are legally ineffective and can be construed as admissions.

3. Mixing Legal Arguments with Factual Replies: Keep questions of fact and questions of law separate. Present the factual reply first, and structure legal arguments independently to maintain clarity.

4. Failing to Raise Legal Objections at the Proper Stage: This can result in a waiver of a potentially case-winning argument, as objections must be raised early.

Incorrect vs. Correct Drafting Examples

• INCORRECT (Vague Denial):

• "The defendant denies all the allegations of the plaint."

• Reasoning: This is a blanket denial and legally insufficient. The court requires a specific, para-wise response. Such statements hold no value and demonstrate a weak defense.

• CORRECT (Specific Denial of Multiple Paragraphs):

• "That the contents of Para no. 2 to 5 of the plaint are denied for want of knowledge, and the plaintiff is put to strict proof thereof."

• Reasoning: While addressing multiple paragraphs, this statement is specific. It gives a clear reason for the denial ("want of knowledge") and legally obligates the plaintiff to prove their claims with evidence for those specific paragraphs.

5. Key Practice Points and Summary

The ultimate goal in drafting a Written Statement is to create a document that is defensive, precise, and strategic. Every single admission, denial, and legal objection must be deliberate and legally sound, as these form the bedrock of the defence.

Mastering this requires consistent practice and a deep understanding of legal principles. The fundamental rules of drafting—para-wise replies, specific denials, and timely legal objections—should become automatic. An effective WS is not merely a document; it is the strategic foundation of the entire defence, meticulously crafted to protect the defendant's interests.

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