Draft Templates: Written Statement (Jawab) under Order VIII of the Code of Civil Procedure, 1908

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Below is the complete, standard legal draft template in English for a Written Statement (লিখিত জবাব) filed by the defendant in a Civil Suit before the Subordinate Civil Courts of Bangladesh.

STATUTORY CHECKLIST FOR DEFENSE PLEADINGS

  1. Limitation for Filing: Under Order VIII, Rule 1 of the CPC, the Written Statement must be filed within 2 months (60 days) from the date of service of summons, extendable up to a maximum of 90 days upon showing sufficient cause to the Court.
  2. Specific Denial Required: Under Order VIII, Rules 3 and 5, every allegation of fact in the plaint must be denied specifically or by necessary implication. General or evasive denials are treated as an admission of facts.
  3. Pleading New Facts & Legal Bar: Under Order VIII, Rule 2, the defendant must raise all matters showing the suit not to be maintainable (e.g., limitation, res judicata, lack of cause of action, misjoinder/non-joinder).
  4. Set-off & Counter-claim: Claims for set-off under Order VIII, Rule 6 must be specifically pleaded in the Written Statement along with the requisite court fee.

WRITTEN STATEMENT TEMPLATE

IN THE COURT OF THE [e.g., 1ST JOINT DISTRICT JUDGE / ASSISTANT JUDGE], [DISTRICT NAME]

OTHER SUIT / TITLE SUIT / PARTITION SUIT NO. ________ OF 20____

IN THE MATTER OF:

[Full Name of Plaintiff]

…… Plaintiff

—VERSUS—

[Full Name of Defendant]

…… Defendant

WRITTEN STATEMENT FILED ON BEHALF OF DEFENDANT NO. [1/2/3] UNDER ORDER VIII, RULE 1 OF THE CODE OF CIVIL PROCEDURE, 1908.

MOST RESPECTFULLY SHEWETH:

1. PRELIMINARY OBJECTIONS:

a) That the suit is not maintainable in its present form and prayer under the existing provisions of law.

b) That the plaint discloses no valid cause of action against Defendant No. [1], and as such, the plaint is liable to be rejected under Order VII, Rule 11 of the Code of Civil Procedure, 1908.

c) That the suit is barred by the laws of limitation under the Limitation Act, 1908.

d) That the suit is bad for defect of parties, namely for misjoinder and non-joinder of necessary parties.

e) That the suit is barred by the principles of Res Judicata under Section 11 of the Code of Civil Procedure, 1908.

f) That the suit has been improperly valued and is deficient in court fees.

2. PARAGRAPH-BY-PARAGRAPH DENIAL:

  1. That the statements made in Paragraph No. 1 of the plaint, in so far as they relate to the jurisdiction of the Court and the names/addresses of the parties, are formal. Save and except those, all other allegations and claims made therein are false, fabricated, and specifically denied by this Defendant.
  2. That the allegations made in Paragraph No. 2 of the plaint are vehemently and specifically denied. The claims set forth by the Plaintiff are entirely imaginary and malicious. [Insert specific denial of key facts mentioned in Para 2].
  3. That the contents of Paragraph No. 3 of the plaint are denied in toto. The Plaintiff has misrepresented and distorted the true sequence of events.
  4. That the allegations, transactions, and assertions contained in Paragraph Nos. 4 and 5 of the plaint are false, baseless, and illegal. The document upon which the Plaintiff places reliance is fraudulent, void, and inoperative in law.

3. STATEMENT OF DEFENSE / SPECIFIC FACTS:

a) That the real, true, and actual facts regarding the suit property/subject-matter are that [provide a clear, detailed chronological account of the Defendant’s title, lawful ownership, and peaceful possession].

b) That Defendant No. [1] has been in continuous, open, and uninterrupted possession of the suit property as the lawful owner since [Date/Year].

c) That the Plaintiff has instituted this false, frivolous, and vexatious suit with an ulterior motive to harass Defendant No. [1] and cloud his legal title over the suit property.

PRAYER

Wherefore, it is most humbly prayed that your Honour would graciously be pleased to:

a) Dismiss the suit of the Plaintiff with compensatory costs under Section 35A of the Code of Civil Procedure, 1908 in favour of Defendant No. [1];

b) Pass such other or further order(s) as your Honour may deem fit and proper in the interest of justice.

And for this act of kindness, Defendant No. [1] as in duty bound shall ever pray.

VERIFICATION

I, [Name of Defendant], son of [Father’s Name], aged about [Age] years, by faith [Religion], by profession [Occupation], residing at [Address], do hereby solemnly affirm and state as follows:

That the statements made in paragraphs 1 to 3 of this Written Statement are true to the best of my knowledge, information, and belief, and I sign this verification on this the [Day] day of [Month], 20____ at the Court premises, [District Name].

Signature of Defendant No. [1]

AFFIDAVIT

IN THE COURT OF THE [NAME OF COURT], [DISTRICT]

CIVIL SUIT NO. ________ OF 20____

I, [Name of Deponent], son of [Father’s Name], aged about [Age] years, by faith [Religion], by profession [Occupation], residing at [Address], National ID No: [NID Number], do hereby solemnly affirm and state as follows:

  1. That I am Defendant No. [1] in the above-mentioned suit and fully conversant with the facts and circumstances of the case.
  2. That the statements made in the accompanying Written Statement are true to the best of my knowledge and belief.

The statements made above are true to my knowledge and belief, in witness whereof I sign this affidavit on this the [Day] day of [Month], 20____ at the Court premises, [District Name].

Signature of the Deponent

Identified by me,

Advocate