Civil suits

Written statement format under Order VIII of the CPC

How a written statement is drafted: the 30-day and 90-day time limits, specific denial, preliminary objections, set-off and counter-claim, and what happens on failure to file.

A written statement is the defendant's pleading in answer to a plaint, filed under Order VIII of the Code of Civil Procedure, 1908. Rule 1 requires it within thirty days of service of summons, extendable by the court for recorded reasons up to ninety days. It must deny each allegation specifically, because under Order VIII Rules 3 to 5 an allegation not denied specifically is taken to be admitted. It may also raise preliminary objections, and plead a set-off under Rule 6 or a counter-claim under Rule 6A.

Governed by
  • Order VIII, Code of Civil Procedure, 1908
  • Order VI Rules 2 and 15, Code of Civil Procedure, 1908
  • Commercial Courts Act, 2015, where the suit is a commercial dispute
Where it is filed
The court in which the suit is pending.
Who files it
The defendant, through an advocate holding a vakalatnama.
Time limit
Thirty days from service of summons under Order VIII Rule 1 CPC, extendable by the court up to ninety days for reasons recorded. In commercial suits governed by the Commercial Courts Act, 2015, the outer limit of one hundred and twenty days is mandatory and the right to file stands forfeited thereafter.
Languages PleadEasy drafts this in
English, Hindi, Tamil, Malayalam

What a written statement must contain

The parts below are the structure of the document in filing order. The operative wording is a matter for the drafting advocate and for the practice of the court concerned.

  1. 1.Cause title

    The court, suit number and party array, exactly as in the plaint.

  2. 2.Preliminary objections

    Maintainability, jurisdiction, limitation, non-joinder or misjoinder of parties, want of cause of action, and bar under any statute: taken before the paragraph-wise reply.

  3. 3.Paragraph-wise reply

    Each paragraph of the plaint answered in a numbered paragraph, with specific admissions and specific denials. Evasive denial is treated as admission.

  4. 4.Additional pleas

    The defendant's own version of the transaction and any affirmative defence such as discharge, payment, estoppel, res judicata or want of consideration, which must be specially pleaded under Order VIII Rule 2.

  5. 5.Set-off

    Where an ascertained sum is legally recoverable from the plaintiff, particulars of the set-off claimed under Order VIII Rule 6, with court fee.

  6. 6.Counter-claim

    Any independent claim against the plaintiff under Order VIII Rule 6A, pleaded with its own cause of action, valuation and court fee.

  7. 7.Verification and affidavit

    Verified under Order VI Rule 15 with the supporting affidavit and the list of documents relied on.

Sample written statement format

The skeleton PleadEasy produces for a Tamil Nadu district court, with the details left as placeholders in square brackets. Adapt the cause title, provision and prayer to your court and your facts before filing.

Written statement format under Order VIII of the CPC: sample text
IN THE [NAME OF THE COURT], [PLACE]

Suit No.: ________ of 20__

[Name of plaintiff], S/o / D/o / W/o [name], aged about [age] years, [full address]
                                                        ...Plaintiff
                                    Versus
[Name of defendant], S/o / D/o / W/o [name], aged about [age] years, [full address]
                                                        ...Defendant

WRITTEN STATEMENT FILED ON BEHALF OF THE DEFENDANT
(Under Order VIII of the Code of Civil Procedure, 1908)

PRELIMINARY OBJECTIONS:
1. That the suit as framed is not maintainable in law or on facts and is liable to be dismissed in limine.
2. That the plaint does not disclose any cause of action against the answering Defendant.

PARAWISE REPLY / DEFENCE ON MERITS:
3. [Facts of the case, set out in numbered paragraphs, one fact per paragraph]

4. That save and except what is expressly admitted herein, every allegation in the plaint is denied as if traversed seriatim, and the Plaintiff is put to strict proof thereof.

5. That the Plaintiff is not entitled to any of the reliefs claimed in the suit.

PRAYER:
It is therefore most respectfully prayed that this Hon'ble Court may be pleased to dismiss the suit with costs, and grant such other relief as it deems fit in the interest of justice.

VERIFICATION:
I, the Defendant above-named, do hereby verify that the contents of the above written statement are true to my knowledge and belief. Verified at [District] on this ____________.

                                                        Defendant
                                                        Through Advocate

COUNSEL DETAILS:
        Name: [Advocate name]
        Bar Council Enrolment No.: [Enrolment No.]
        Address: [Office address]

Note: Court fee as per the Tamil Nadu Court Fees and Suits Valuation Act, 1955.

Get this written statementfilled with your client's facts in English, Tamil, Malayalam or Hindi. Free to start, no card required.

Mistakes that get this document returned

  • General denial of the whole plaint instead of paragraph-wise specific denial, so unanswered allegations stand admitted.
  • Missing the ninety-day outer limit and having to defend without a written statement.
  • Raising an affirmative defence such as payment or limitation only at argument, when Order VIII Rule 2 required it to be pleaded.
  • Filing a counter-claim without paying court fee on it.
  • Not filing the documents relied on along with the written statement.

Frequently asked questions

What is the time limit for filing a written statement?

Thirty days from the date of service of summons under Order VIII Rule 1 CPC. The court may extend the time for reasons recorded, but not beyond ninety days from service. In commercial suits under the Commercial Courts Act, 2015 the limit of one hundred and twenty days is mandatory.

What happens if the written statement is not filed?

Under Order VIII Rule 10 CPC the court may pronounce judgment against the defendant or pass such order as it thinks fit, and the defendant is generally confined to cross-examination without a positive case of their own.

What is the difference between set-off and counter-claim?

A set-off under Order VIII Rule 6 is a defence limited to an ascertained sum recoverable from the plaintiff and cannot exceed the plaintiff's claim. A counter-claim under Rule 6A is an independent cross-suit that can exceed the plaintiff's claim and survives even if the suit is dismissed.

Draft a written statement from your client conversation

Record the consultation, check the facts PleadEasy pulls out of it, and get the draft formatted for your district court in English, Hindi, Tamil, Malayalam. Nothing is exported until you have read and approved it.

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Filing a written statement in a district court

The court establishments in each district, so the cause title names the right court.

Tamil Nadu district courts

Kerala district courts

Related formats

Last reviewed 26 September 2026. This guide is general information about court procedure for advocates. It is not legal advice and does not replace the rules of practice of the court you are filing in.