Written Statement Format: How to Reply to a Plaint (Order 8 CPC) (2026)

Format · Civil Procedure · Written Statement

Updated for 2026 · Claw Editorial

When a defendant is served with a plaint, the reply is the written statement. It is the single document where the defence is set out, and anything not clearly denied can be taken as admitted. This guide explains how a written statement is built under Order 8 of the Civil Procedure Code (CPC): the paragraph-wise reply, preliminary objections, set-off and counterclaim, and the time limit. It gives a template, how to fill it, where to file it, and the mistakes that weaken a defence. Last verified October 2026.

01Why the written statement is the whole defence

The written statement is the defendant's reply to the plaint, and it sets the limits of the defence for the rest of the suit. Under Order 8 Rules 3 to 5, every allegation of fact in the plaint must be denied specifically. A general or evasive denial is not enough, and a fact that is not denied can be treated as admitted against the defendant.

So the written statement is not a narration of the defendant's own story. It is a point-by-point answer to the plaint, plus the defences and objections the defendant wants to raise. Get it right and the defendant keeps every issue open; get it wrong and whole parts of the plaintiff's case can be treated as accepted.

In a written statement, silence is dangerous. Any allegation in the plaint that is not specifically denied can be taken as admitted.

02The parts of a written statement

A written statement usually has these parts, in order:

• Cause title: the same court, suit number, and parties as the plaint.
• Preliminary objections: legal objections that can defeat the suit without a trial on facts, such as limitation, no cause of action, lack of jurisdiction, non-joinder of parties, or a bar under some law.
• Parawise reply: a numbered reply that answers each paragraph of the plaint, admitting or denying each allegation.
• Additional pleas: the defendant's own version of the facts and defences.
• Set-off or counterclaim (if any), under Order 8 Rule 6 and Rule 6A.
• Prayer: that the suit be dismissed with costs.
• Verification under Order 6 Rule 15, with a supporting affidavit.

03The time limit: 30 to 90 days

Under Order 8 Rule 1, the defendant must file the written statement within 30 days from the date of service of the summons. If that is missed, the court may allow it on a later day, for reasons recorded in writing, but not later than 90 days from the date of service.

For ordinary civil suits, the Supreme Court has read the 90-day period as directory, so a court can condone delay beyond it, but only for strong reasons and not as a routine. In commercial disputes under the Commercial Courts Act, 2015, the position is stricter: the time limit is treated as mandatory and the written statement cannot be taken on record after the outer limit.

04Set-off and counterclaim

A set-off and a counterclaim let a defendant raise a money claim of their own inside the same suit, instead of filing a fresh suit.

A counterclaim must be within limitation and is usually pleaded in the written statement itself. The plaintiff then files a reply to the counterclaim.

05The skeleton template

Use this skeleton and adapt it to your facts. Replace the text in square brackets.

IN THE COURT OF [CIVIL JUDGE / DISTRICT JUDGE] AT [PLACE]

            Suit No. ______ of 20__

[Name, address]                            ... PLAINTIFF
            VERSUS
[Name, address]                            ... DEFENDANT

WRITTEN STATEMENT ON BEHALF OF THE DEFENDANT

The defendant above-named respectfully submits:

PRELIMINARY OBJECTIONS
1. That the suit is barred by limitation / discloses no
   cause of action / is not maintainable because [reason].
2. That this Court has no [territorial / pecuniary]
   jurisdiction because [reason].

PARAWISE REPLY ON MERITS
3. That the contents of paragraph 1 of the plaint are
   [admitted / denied].
4. That the contents of paragraph 2 are denied. It is
   wrong that [state the correct position].
   (Reply to every paragraph of the plaint in order.)

ADDITIONAL PLEAS
5. That the true facts are [state the defendant's version].

SET-OFF / COUNTERCLAIM (if any)
6. That the plaintiff owes the defendant Rs [amount] on
   account of [reason], which is claimed by way of
   set-off / counterclaim.

PRAYER
It is prayed that the suit be dismissed with costs, and
[any counterclaim relief] be granted.

                                        DEFENDANT
                               Through [Advocate]

VERIFICATION
Verified at [place] on [date] that the contents of
paragraphs __ to __ are true to my knowledge and
paragraphs __ to __ are based on legal advice believed
to be true.
                                        DEFENDANT

06How to fill it, step by step

1. Copy the cause title exactly from the plaint: same court, suit number, and party description.
2. Lead with preliminary objections that can end the suit on law, such as limitation or jurisdiction.
3. Reply to every paragraph of the plaint in order. Admit what is true, deny what is false, and never leave an allegation unanswered.
4. Deny specifically, not generally. For each denial, state the correct position in a line.
5. Add your own facts under additional pleas, so your defence is on record and not just a bare denial.
6. Raise a set-off or counterclaim if the plaintiff owes you money, and check it is within limitation.
7. Verify and attach the affidavit and the list of documents you rely on.

07Where to file it

File the written statement in the same court where the suit is pending, within 30 days of service of summons. File enough copies for the court and for every plaintiff, pay any process fee, and serve a copy on the opposite side.

If you need more time, move an application for extension with reasons before the 30 days end. Attach the supporting affidavit and the list and copies of documents you rely on, the same way the plaint does.

08Common mistakes

• General or evasive denials, which let allegations be treated as admitted.
• Leaving paragraphs of the plaint unanswered.
• Missing the 30-day window and not applying for extension in time.
• Not raising limitation or jurisdiction as a preliminary objection.
• Forgetting a set-off or counterclaim that is within time, and then having to file a fresh suit.
• Missing verification, the affidavit, or the list of documents.

09Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

A written statement is filed into a live suit that then runs through issues, evidence, and judgment. Claw tracks cases, orders and hearings across 9,102 courts, benches and forums, and searches 30 crore+ judgments with results in under 5 seconds. So you can follow the matter by party or advocate name, and research how courts have read Order 8, condoned delay, or allowed a counterclaim before you draft the defence.

Claw does not use customer case documents to train AI models. Create a FREE Claw account to track the case by party or advocate name. To research the wider body of law, see case search across Indian courts.

10Sources and further reading

• India Code (Code of Civil Procedure, 1908): indiacode.nic.in
• Order 8, CPC (bare text): devgan.in
• Claw: clawlaw.in

This guide is general information, not legal advice. Time limits and local rules vary, and commercial suits have stricter rules, so check the current requirement and take advice from counsel before you file.

11Frequently asked questions