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STANDARD DEFENCES TO BE RAISED IN THE WRITTEN STATEMENT TO THE PLAINT (CIVIL SUIT)
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Download Civil Suit Formats Online. The Plaintiff/s has/have filed the Civil Suit against the Defendant/s. These are the standard defenses normally adopted by the Defendant/s in the Written Statement/Reply.
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SUIT FOR PUBLIC NUISANCE
The Defendant is causing public nuisance to the public at large and particularly the residents of a locality. This is the precedent of a suit for public nuisance restraining the Defendant/s from causing and continuing to cause such nuisance.
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SUIT FOR EXECUTION OF A FOREIGN JUDGMENT/DECREE PASSED BY A NON-RECIPROCATING COUNTRY
A foreign Judgment/Decree is passed by a Non-Reciprocating Country against Indian Party who desires to execute the foreign Judgment in India. This is a precedent of suit for execution of a foreign Judgment/Decree passed by Non Reciprocating Country.
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SUMMARY SUIT FOR MONEY LENT AND ADVANCED
This is a precedent of Summary Suit to be filed under the provisions of Order XXXVII Rule 2 of the Code of Civil Procedure,1908 before appropriate court for recovery of money lent and advanced.
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SUIT FOR RECOVERY OF POSSESSION U/S 6 OF SPECIFIC RELIEF ACT, 1963
A person is forcibly dispossessed from the property without process of law. This is a precedent of suit for Recovery of Possession under Section 6 of Specific Relief Act, 1963.
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THE DECREE/ JUDGMENT PASSED BY ANY APPELLATE CIVIL COURT IN THE FIRST APPEAL WHICH COURT IS SUBORDINATE TO HIGH COURT CAN BE CHALLENGED BY WAY OF A SECOND APPEAL BEFORE THE HIGH COURT IF THE CASE INVOLVES A SUBSTANTIAL QUESTION OF LAW (SECTION 100 OF THE CODE OF CIVIL PROCEDURE, 1908)
"The decree/ judgment passed by any appellate Civil Court in the first appeal which court is sub-ordinate to High Court can be challenged by way of a second appeal before the High Court provided the case involves a substantial question of law. This is a precedent of Second Appeal under Section 100 of the Code of Civil Procedure, 1908."
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SUIT FOR AN INJUNCTION FROM DISPOSSESSING THE PLAINTIFF FROM THE PROPERTY WITHOUT DUE PROCESS OF LAW
A person apprehends he will be dispossessed from the property without following the due process of law. This is a precedent of Suit for an Injunction from Dispossessing the Plaintiff from the property without due process of law.
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SUIT FOR RECOVERY OF THE REMAINING PRICE OF GOODS ORDERED WHEN DELIVERY NOT ACCEPTED
The Purchaser of the goods, though made part advance payment, has refused to accept the delivery of goods. This is a precedent of a Suit for recovery of the remaining price of goods ordered but delivery not accepted and for consequential reliefs.
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SUIT CHALLENGING THE TERMINATION AND SEEKING SPECIFIC PERFORMANCE
The Parties had entered into an Agreement. One party has terminated the Agreement. This is a precedent of a suit by aggrieved party challenging the termination and seeking specific performance of the Agreement and for consequential reliefs.
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SUIT FOR DISSOLUTION OF A PARTNERSHIP FIRM AND FOR IT’S ACCOUNTS
A Partnership Firm is dissolved by notice or otherwise. This is a precedent of Suit for Dissolution of a Partnership Firm, for accounts and for consequential reliefs.
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SUIT FOR FORECLOSURE OF MORTGAGE
The Defendants have availed financial facility from the Plaintiff against the Mortgage of their property. The Defendants have failed to pay the mortgage debt to the Plaintiff. The Defendants have failed to redeem the Mortgage. The Plaintiff claims to be entitled to foreclosure the mortgage and become the Owner of the mortgaged property. This is the precedent of a suit for foreclosure of mortgage.
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SUIT FOR A DECLARATION THAT THE AGREEMENT STANDS VALIDLY TERMINATED
The Parties had entered into an agreement. One party has terminated the Agreement. This is a precedent of a suit for a declaration that Agreement is validly terminated and for consequential reliefs.
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SUIT FOR DEFAMATION AND INJUNCTION AGAINST NEWS PAPER COMPANY, JOURNALIST AND EDITOR
The defamatory statements are published in news paper. This is a precedent of a suit for defamation and injunction and for consequential reliefs against the news paper company, journalist and editor.
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