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Dharma (0)     18 March 2012

Written statement : its content

I am not a professional or student of law but a defendant in a case. I want to know that, in a written statement of defendant, which type of contents should be stated. There should be only facts supporting denial or acceptance or facts should be with arguments and correlations with reference to the relevant acts, section and rulings.

My case is about easement right. In the written statement, in my reply against plaintiff, when I deny his claim of easement right and allegations about disturbance/violations then I it should be only by facts about circumstances/situations with annexing relevant documents (whatever available) or it should be with arguments/explanations with reference to particular/relevant acts, sections and rulings that how the plaintiff not fulfill the required conditions/ingredients of that acts & sections and therefore according to that acts & sections he has not acquired the right, and according to that acts & sections my acts/activities not falling under any violation of particular law.

My lawyer has drafted the written statement only with stating the facts but without any argument/explanation/reference of relevant law, acts, sections or rulings. Is it right and sufficient? 


 6 Replies

Arvind Singh Chauhan (advocate)     18 March 2012

Your lawyer is right.

Amit Gupta (Advocate)     18 March 2012

Written statment only contains the facts not the law or the arguments.

each and every relevent fact must be denied specificaly of they will be deemd to be admitted.

there is no such rule in CPC that the WS shud contain the Law or Legal Provision.

G. ARAVINTHAN (Legal Consultant / Solicitor)     19 March 2012

Arguments can be only with the appreciation of facts based on oral as well as documentary evidences.

At this stage, your written statement is sufficient

N.K.Assumi (Advocate)     20 March 2012

Agreed with the members.

Shantilal Pandya ( Advocate)     22 March 2012

However legal please should be raised so that the issues of law  can be conveniently  framed  and the other party may not be taken by surprise  at  a late  stage 



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