How to Draft a Written Statement Properly

If the Plaint is the sword, the Written Statement (WS) is the shield. In the high-stakes litigation arena of 2026, a poorly drafted defense is an invitation for an adverse judgment. Under Order VIII of the Code of Civil Procedure (CPC), a Written Statement is the defendant’s formal response to the plaintiff’s claims.

Whether you are interning at a top-tier firm like SAM or assisting at a specialized chamber like Tiwari & Khera Law Offices, mastering the “art of the denial” is a fundamental component of professional legal discipline.

The Legal Foundation of Order VIII

A Written Statement is governed by strict procedural rules. Failure to adhere to these can result in the court pronouncing judgment against you under Order VIII Rule 10.

The 30-Day Rule (Order VIII Rule 1)

In 2026, courts are increasingly strict about timelines. You must file your WS within 30 days of receiving the summons. While this can be extended to 120 days (in commercial suits) or 90 days (in ordinary suits), you must show “extraordinary circumstances.” Waiting until the last minute is a risk that can cost you the case.

Rule of Specific Denial (Order VIII Rule 3 & 5)

This is the most critical aspect of drafting. Every allegation of fact in the plaint, if not denied specifically, is deemed to be admitted.

• Avoid General Denials: Simply saying “The contents of paragraph 5 are denied” is insufficient.
• The “Point-wise” Approach: You must deal specifically with each allegation of fact. If the plaintiff claims you signed a contract on a specific date, you must deny the signature, the date, or the contract’s existence explicitly.

Structural Components of a Professional Written Statement

A Written Statement follows a logical flow designed to dismantle the plaintiff’s case while building your own.

1. Preliminary Objections

Before addressing the facts, attack the maintainability of the suit. Common objections include:

• Lack of Jurisdiction: The court doesn’t have the power to hear the case.
• Res Sub-Judice/Res Judicata: The matter is already being heard or has been decided by another court.
• Barred by Limitation: The suit was filed after the legally allowed time period.
• Misjoinder/Non-joinder of Parties: The wrong people are sued, or essential parties are missing.

Also Read: How to Study Law Effectively: A Practical Guide for Indian Law Students

2. Para-wise Reply (The Merits)

This is where you respond to the “Substantial Body” of the plaint.

• Admissions: Admit facts that are true and non-damaging (e.g., the existence of a relationship).
• Denials: Use the “Specific Denial” rule mentioned above.
• “Knowledge” Denials: If a fact is outside your knowledge, state: “The contents are not within the knowledge of the defendant and are therefore denied.”

3. Special Pleadings & New Facts (Order VIII Rule 2)

You must raise all matters which show the suit not to be maintainable, or that the transaction is void or voidable in point of law. This is where you introduce your counter-narrative.

4. Set-off and Counter-claim (Order VIII Rule 6 & 6A)

If the plaintiff owes you money (Set-off) or if you have a separate claim against the plaintiff (Counter-claim), these must be pleaded in the Written Statement itself to avoid a multiplicity of proceedings.

Landmark Case Laws for the Defense

To provide “good reasons” for your defense, you must cite the judicial precedents that define the boundaries of the WS.

• Badat & Co. v. East India Trading Co. (1964): The Supreme Court held that if a defendant does not deny a fact specifically or by necessary implication, the court is entitled to treat that fact as admitted.
• Balraj Taneja v. Sunil Madan (1999): The Court clarified that even if a WS is not filed, the court should not automatically pass a decree. The court must still satisfy itself that the plaintiff’s case is proved.
• O.N.G.C. v. City Post (2023): This recent 2026-relevant precedent emphasizes that in commercial disputes, the timeline for filing a WS is mandatory and cannot be extended beyond 120 days under any circumstances.

Essential Checklist for Professional Legal Drafting

Conclusion: Strategic Law Study in Defense

Drafting a Written Statement requires more than just “saying no.” it requires strategic law study to identify loopholes in the plaintiff’s logic and professional legal discipline to meet rigid court deadlines. This opportunity enhances understanding of the legal profession by showing that a trial is won or lost on the strength of the pleadings. By mastering the application of Order VIII and precedents like Badat & Co., you ensure your client’s defense is robust, specific, and legally sound.