Written statement: replying to a civil suit filed against you, on time

What it is

A civil case — a suit — starts when the person suing, the plaintiff, presents a plaint to the court: a document setting out the facts, what they claim and the relief they want (Section 26, Code of Civil Procedure, 1908). The court then issues a summons to the person sued, the defendant, to appear and answer the claim (Section 27).

The written statement is that answer. It is the defendant's formal reply, filed in court, that:

• responds to each paragraph of the plaint — admitting what is true, denying what is not, and saying what is not within your knowledge;
• sets out your own version of the facts;
• raises your legal objections, such as that the suit is out of time, filed in the wrong court, or barred by law;
• lists and attaches the documents you rely on;
• where it fits, makes a set-off — money the plaintiff owes you, adjusted against their claim — or a counterclaim, your own claim against the plaintiff decided in the same suit.

The written statement fixes the ground of the case. The court frames the issues — the questions it has to decide — from the plaint and the written statement together. A defence that is not in the written statement is hard to raise later.

When it applies

You need a written statement when you have been served with summons in a civil suit. In property and tenancy matters, the common ones are:

• an eviction suit by a landlord, often with a claim for arrears of rent (see eviction notice and suit and rent arrears recovery);
• a suit for an injunction, with an application for a temporary injunction to stop you building, selling or entering;
• a suit over title, possession, a boundary or a right of way;
• a suit for recovery of money under a loan, an agreement or a deposit.

The deadline

The deadline is the single most important thing in this guide.

• The time runs from service. It is counted from the day the summons was served on you, not from the date of the first hearing printed on it.
• In an ordinary civil suit, the written statement is generally due within 30 days of service. The court can allow more time, for reasons it records, up to 90 days from service. Do not plan on the extension.
• In a commercial suit, the limit is stricter. A suit about a commercial dispute — which includes agreements about immovable property used only for trade or commerce (Section 2, Commercial Courts Act, 2015) — of a value the Act covers follows the Code as that Act amends it (Section 16). Under those amendments, the court can allow a written statement after 30 days only for reasons and on costs, and never later than 120 days from service. After that, the right is lost and the court will not take it on record.

If no written statement is filed, the court can go ahead on the plaint and may pass judgment against you. The procedure that sets these periods is in the rules of the Code, which are not yet in our statute library; your advocate will confirm the exact date for your case.

The steps and the timeline

1. Day 0 — note the date of service. Write down the day you received the summons. Keep the envelope, the summons, the plaint and every document served with it.

2. Within the first week — an advocate reads the plaint. The advocate checks what is claimed, the documents relied on, whether the suit is in the right court, and whether it was filed in time. A suit filed after the limitation period must be dismissed (Section 3, Limitation Act, 1963); that is a defence to raise at once.

3. Appear on the date in the summons. The advocate files a vakalatnama — the document authorising them to act for you — and appears. If the plaintiff has applied for a temporary injunction, that hearing may come first; the advocate opposes it with your documents.

4. Gather your proof (weeks one to three). Title papers, agreements, receipts, bank records, photos, messages and the names of witnesses. Anything you will rely on should be filed with the written statement; documents produced later may need the court's permission.

5. Draft, check and sign (before day 30). The advocate drafts the written statement paragraph by paragraph. Read it carefully. It is verified by you, and false statements have consequences. Answer every fact clearly: a fact that is not specifically denied may be treated as admitted. Any counterclaim is drafted with it; for the time limit, a counterclaim is treated as a separate suit made on the day it is filed (Section 3(2)(b), Limitation Act).

6. File it, and serve a copy. The written statement, documents and any counterclaim are filed in court, and a copy is given to the plaintiff's advocate.

7. What follows. The plaintiff may reply to your written statement, and must answer any counterclaim. The court frames the issues, both sides give evidence, and the case is argued. The court may also refer the parties to mediation, conciliation or a Lok Adalat if a settlement looks possible (Section 89). If the claim against you is false or vexatious to the plaintiff's knowledge and you object on that ground, the court can award you compensatory costs if the claim is disallowed (Section 35A).

If you expect a suit. If you know someone is about to file a suit and seek an urgent order against you, a caveat lodged in that court under Section 148A means you must be given notice of their application. It lasts ninety days.

Documents needed

• The summons, and the date you received it.
• The plaint and every document served with it.
• Your title documents, agreements, receipts and bank records on the matter.
• Messages, letters and notices exchanged with the plaintiff, including any legal notice you received before the suit and your reply.
• Photos, plans or maps where property is involved.
• Names and contact details of your witnesses.
• Your ID and address proof, for the vakalatnama.

Typical cost

• The advocate's fee for the written statement and for appearing in the suit. The advocate quotes their own fee after reading the plaint, before you pay anything. It depends on the court, the claim and whether there is a counterclaim. eMunshi does not set it.
• Court fees: small for a written statement in most states; a counterclaim pays court fee like a suit, by its value, under your state's court-fee law.

What the advocate does

• Works out the exact deadline from the date of service and keeps to it.
• Reads the plaint and documents, and checks jurisdiction, limitation and other legal objections.
• Appears on the summons date, and opposes any temporary injunction application.
• Drafts the written statement, with any set-off or counterclaim, and files it with your documents.
• Takes the case through issues, evidence and arguments, or a settlement if one is better for you.

The self-serve document alongside it

There is no self-serve written statement: it must answer a particular plaint, and it should be filed by the advocate who will appear for you. Where you need a sworn statement for another purpose, an affidavit is self-serve. If you want advice before engaging an advocate, a 30-minute call with an independent advocate from our panel starts at ₹999. Call early: the deadline does not wait.