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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 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? 



Learning

 2 Replies

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     18 March 2012

LET YOUR LAWYER DO IT: 

or read cpc to understand what shd be in WS. 

he correctly did it 

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     18 March 2012

Though in pleadings only facts are to be stated - and not the law, for it is the job of the judge to apply and interpret the law (See O.6 R1/2 CPC). However legal arguments can be taken up in the initial section of WS - i.e preliminary objections - where issues relating to maintainability/sustainability are to be taken up


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