Written Statement Format

BEFORE THE CIVIL JUDGE, XXXXX

CIVIL SUIT NO XX/XXXX

Mr.     A                                                            ……………PLAINTIFF

VS.

Mr.   B.                                                          …………….DEFENDANT                                                     

WRITTEN STATEMENT ON BEHALF OF DEFENDANT

MOST HUMBLY SHWOETH:

PRELIMINARY SUBMISSION

1. That suit filed by the Plaintiff is barred by limitation as the alleged payment has been made by the Plaintiff more than three years ago.  The suit should be rejected on this ground alone.
2. That the Plaintiff has not paid requisite court fee as such the plaint should be dismissed.
3. That the Plaintiff has submitted before this Hon’ble Court concocted facts to mislead this Hon’ble Court. It is submitted that when the Defendant told the Plaintiff about the singing capability of Mr. C., the Plaintiff proposed that he will train Mr. C in singing. After training of the Mr. C is complete, the Defendant will arrange five concerts and 50% of the profit will be given to the Plaintiff.
4. That as per the agreement the Defendant arranged five concerts but only few persons attended those concerts and as such the Defendant has to go through huge losses. As per agreement nothing was payable to the Plaintiff.

PARAWISE REPLY

1. The contents of Para 1 & 2, being matter of record, need no reply.
2. The contents of Para 3 -4  is not denied to the extent that the Defendant approached the Plaintiff  to train his friend Mr. C  in music and singing.  Rest of the Para is denied. It is submitted that the Plaintiff was himself impressed by the singing capability of Mr. C and had proposed for profit sharing out of  income generated in concerts after completion of training. But concerts were not successful as such Plaintiff was not paid anything. The agreement submitted by the Plaintiff is forged.
3. That contents of Para 5 are wrong and false and hence denied. It is submitted that no proper training was given to Mr. C and due the same the concerts were not successful. In fact in one of the concerts people had thrown rotten  tomato on stage.
4. With respect to Para 6, it is submitted that no money was due to the Plaintiff. All such e-mails and other communications were sent to harass the Defendant.
5. With respect to Para 7 , it is submitted that the legal notice was sent without any basis. The Defendant has duly replied to the said legal notice and informed his that the legal notice was vexatious and frivolous. Despite the same the Plaintiff has come before this Hon’ble Court with frivolous and vexatious submissions.
6. The contents of Para 8 are wrong and hence denied. It is submitted that there is no cause of action in favour of the Plaintiff.
7. The contents of  Para 9,  being matter of record, need no reply.
8. The contents of Para 10 are wrong and false and hence denied. It is submitted that no requisite fee has been paid by the Plaintiff.

PRAYER

In light of aforesaid facts and circumstances, it is therefore prayed that this Hon’ble Court may be pleased to dismiss the suit of the Plaintiff with cost.

DEFENDANT

VERIFICATION

Verified on this xxxxxxx that the contents of Para 1 to Para xx are true to my knowledge , those of para  xx to xx are true on information received and believed to be true and last para is humble prayer to this Hon’ble Court.

                                                                                                                        DEFENDANT

Note:

Written Statement should be accompanied by an affidavit