20BLL1025 POOJA.pptx FOR THE LAW PRESENTATION

law

1. Submitted By : Pooja Rani UID : 20BLL1025

2. Written tatement contained in order 8 rule 1 of C.P.C. Written tatement is a reply to the plaint filed by the plaintiff. A Written tatement is the pleading of the defendant wherein he deals with every material fact alleged by the Plaintiff in his plaint and also state any new facts in his favour or takes legal objections against the claim of the plaintiff.

3. A defendant should, within thirty days from the serving of summons on him, present a written statement on his defense. The said period can be extended up to ninety days.

4. Written tatement should state facts and not law. The facts stated should be material. The facts stated should be in concise form.

5. The Written tatement hould contain following particulars- The name of the court in which the suit is brought. The name description and place of residence of the plaintiff. The name description and place of residence of the defendant, so far as they can be ascertained; The facts denying all the allegations made by the plaintiff in the plaint; The facts showing that the court has jurisdiction or not or any cause of action arise or not. Claim for relief against the averments made by plaintiff in the Plaint.

6. IN THE CITY CIVIL COURT,AT AHMEDABAD CIVIL uit N0. 100 0f 1992

7. Rajnikant Ramprasad Pandya, Hindu, Adult, aged about 50 years, residing at 15,Paradise Park, Usmanpura, Ahmedbad

8. Ramanbhai Mohanbhai Patel, Hindu, Adult, aged about 55 years, residing at 35,Patidar society, Paldi, Ahmedabad

9. The Written tatement on behalf of the defendant above named: That the defendant denies that he entered into an agreement to sell and that the plaintiff paid Rs. 1,oo,000 or any other amount to him as earnest money as alleges in Para 1 of the plaint. That defendant denies that on June 1, 1991 or on any other date, the Plaintiff tendered any amount to him and called upon him to execute the sale deed as alleged in Para 2 of the plaint. ince it is not true that defendant executed any agreement to sell the suit property to the plaintiff and the plaintiff being ready and willing to perform his part of the alleged contract did not arise at all and the whole story is got up and false.

10. The defendant says that in view of what is stated above, the plaintiff has no cause of action to file suit against him.

11. The defendant therefore, submits that the plaintiff is not entitled to any of the reliefs claimed by him in the plaint and the suit filed by him be dismissed with costs.

12. ABC Defendant's advocate …………………………….. Defendant

13. I, Ramanbhai Mohanbhai Patel, the defendant above- named do solemnly declare that what is stated in Paras 1 and 2 is true to my knowledge and that what is stated in remaining paras is stated on information received by me & I believe it to be true. ……………………. Defendant

14. Rules 1 to 5 and 7 to 10 deal with special points regarding filing of a written statement. The defense can not be rejected on the ground that the legal effect of the facts was not stated. The denial must be specific. The denial should not be vague or evasive. Every allegation of fact if not denied specifically and stated to be not admitted shall be taken to be admitted. everal distinct grounds should be stated separately. For any new ground arisen after institution of suit, court is empowered to take notice of it. If the defendant fails to present his written statement within the time permitted , the court will pronounce the judgment against defendant.

15. 1. 2. 3. 4. 5. 6. Have full, comprehensive and accurate instructions before you commence drafting. Have a Chronology that has been verified and approved. All relevant events are covered and to ensure accuracy of the facts. Identify as many relevant documents as you can and make early assessments that might be associated with its admissibility as evidence. Identify relevant witnesses for both parties to the dispute. Identify the relevant jurisdiction and the applicable court/tribunal practice and procedure and study it. Organise it and present it in a way, format and style that makes it easily readable and understandable.

16. Thank yon. Submitted to Prof . Meenakshi Sharma