HOW TO DRAFT A WRITTEN STATEMENT IN A CIVIL SUIT

Hello friends, today we shall discuss certain points to be kept in mind before drafting a written statement. Normally when a civil case is filed in a court of law, the person against whom the same is filed is required to file a written statement. In simple terms, it can be referred to as the reply.

TIPS TO DRAFT A WRITTEN STATEMENT/REPLY

1. First of all, just read the case which has been filed and ensure that the same is complete in all respects.

2. Then it is to be seen what all legal defects the particular case has and same has to be mentioned in written statement under the head "Preliminary Objections". The said objections can be anything which is inconsistent with existing law. For e.g, it can be relating to the law of limitation, other party not coming with clean hand and suppressing vital facts, for example case under reply been filed in wrong court having no jurisdiction, etc.

3. After that the written statement be continued by replying to the facts as mentioned in the case. The wrong facts needs to be denied and correct facts is to be mentioned. The best way to do this is by replying to Para wise under the head "Para wise reply or reply on merits".

4. Lastly, there is a Prayer portion, which needs to be denied and same be substituted with the relief to be sought by the person filing the written statement.

5. Also, the written statement is generally accompanied by documents which can be annexed in the reply and be filed separately along with the list of documents.

Note: THE WRITTEN STATEMENT IN ORIDNARY CIVIL CASES IS OUGHT TO BE FILED WITHIN A PERIOD OF 30 DAYS FROM THE DATE OF RECEIPT OF CASE. MAXIMUM TIME UNDER WHICH THE SAME MAY BE ALLOWED BY COURT IS 90 DAYS.

I hope we have explained the basics involved in drafting the reply. For any further questions, please feel free to write in comment sections.

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