IN THE COURT _____________OF CIVIL JUDGE
(DISTRICT __________), ____________
SUIT NO. __________ OF 20XX
X_______________
…. PLAINTIFF
VERSUS
Y_________________
….. DEFENDANT
WRITTEN STATEMENT OF BEHALF OF THE
DEFENDANT
MOST RESPECTFULLY SHOWETH:
PRELIMINARY OBJECTIONS:
1. That the suit is barred by limitation under Article _________ of the
Limitation Act and is liable to be dismissed on this short ground alone.
2. That this Hon’ble Court has no jurisdiction to entertain and try this
suit because ______________
3. That the suit has not been properly valued for the purpose of court
fees and jurisdiction and is therefore liable to rejected outrightly.
4. That there is absolutely no cause of action in favour of the Plaintiff
and against the Defendant. The suit is therefore liable to be rejected
on this ground also.
5. That the suit is bad for non-joinder of necessary parties, namely
_________________
6. That the suit is bad for mis-joinder of Z.
7. That the suit is barred by the decree dated _____________ passed in
suit No. __________ titled Y Versus X by Sh. _______________, Sub-Judge,
________, The present suit is therefore barred by the principle of res-
judicata and therefore liable to be dismissed on this short ground
alone.
8. That the suit is liable to be stayed as a previously instituted suit
between the parties bearing No. ________ is pending in the Court of Sh.
_____________, Sub-Judge, _________
9. That the suit has not been properly verified in accordance with law.
10. That the Plaintiff’s suit for permanent injunction is barred by
Section 41 (h) of the Specific Relief Act since a more efficacious
remedy is available to the Plaintiff. The Plaintiff has alleged breach of
contract by the Defendant. Assuming, though not admitting, that the
Defendant has committed any alleged breach, the remedy available to
the Plaintiff is by way of the suit for specific performance and not sent
for specific performance.
11. That the Plaintiff’s suit for permanent injunction is also barred by
Section 41 (i) of the Specific Relief Act because he has not approached
this Hon’ble Court with clean hands and his conduct has been most
unfair, dishonest and tainted with illegality.
12. That the Plaintiff’s suit for declaration is barred by Section 34 of the
Special Relief Act as the plaintiff has omitted to claim further
consequential relief available to him.
13. That the suit is barred by Section 14 of the Specific Relief Act as
the contract of personal service cannot be enforced.
14. That the suit is liable to be dismissed outrightly as the Plaintiff has
not given the mandatory notice under Section 80 of the Code of Civil
Procedure/Section 14 (1) (a).
15. That the suit is liable to be dismissed as the Plaintiff firm is not
registered under Section 69 of the Indian Partnership Act and as such
is not competent to institute this suit.
16. That the present suit is barred by Section 4 of the Benami
Transaction (Prohibition) Act, 1988, and is therefore liable to be
dismissed outrightly.
ON MERITS:
Without prejudice to the preliminary objections stated above, the reply
on merits, which is without prejudice to one another, is as under-
1. That para 1 of the plaint is correct and is admitted.
2. That the contents of para 2 of the plaint are denied for want of
knowledge. The Plaintiff is put to the strict proof of each and every
allegation made in the para under reply.
3. That the contents of para 3 of the plaint are absolutely incorrect and
are denied. It is specifically denied that the Plaintiff is the owner of the
suit properly. As a matter of fact, Mr. N is the owner of the suit
properly.
4. That with respect to para 4 of the plaint, it is correct that the
Defendant is in possession of the suit properly. However, the remaining
contents of para under reply are absolutely incorrect and are denied. It
is specifically denied that ___________ 5-10. (Each and every allegation
must be replied specifically depending upon the facts of each case.
The above reply on merits is therefore only illustrative in nature.)
11. That para 11 of the plaint is incorrect and is denied. There is no
cause of action in favour of the Plaintiff and against the Defendant
because ____________ The plaintiff is therefore liable to be rejected
outrightly.
12. That para 21 is not admitted. This Hon’ble Court has no jurisdiction
to entertain this suit because the subject matter of this suit exceed the
pecuniary jurisdiction of this Hon’ble Court.
13. The para 13 is not admitted. The suit has not been properly valued
for the purpose of court fee and jurisdiction. According to the
Defendant the correct valuation of the suit is Rs ____________
PRAYER:
It is, therefore most respectfully prayed that this Hon’ble Court may
be pleased to:
a) Dismiss the suit of the plaintiff.
b) Award costs to the defendant.
c) Pass any other just and equitable order as deemed fit in the interest
of justice.
DEFENDANT
THROUGH
Place________
DATE_________
ADVOCATE
VERIFICATION:
Verification at _______ on _______ day ________ of, 20XX that the
contents of paras 1 to ____ Of the preliminary objection and para ____to
_____ of reply on merits are true to my personal knowledge and those
of paras _____ to _____ of preliminary objection and para _____to _____ of
reply on merits are true & correct on the basis of legal advice received
and believed to be true. Last para is prayer to the Hon’ble Court.
DEFENDANT
