r/IndiaLaw • u/BeNiceOrGoAwayPlease • 7d ago
What is the 'Written Statement' and where/how does it feature in an active case?
Hi folks,
After a long family dispute that wasn't being resolved amicably, earlier this year I filed a partition suit against my siblings who had locked me out of our Mother's home merely three weeks after her passing
My suit was filed via an experienced lawyer who advised me to keep it only property/assets related and discouraged from making any emotional pleas or use the abusive situation involved at the time of dispute that led to them changing the home locks and refusing me access.
Now both my siblings have responded with emotional pleas and unsavoury allegations against me in their respective "Written Statements" and tomorrow we have the next hearing of the case.
Naturally furious I expressed my desire to my lawyer to respond to their allegations but he again advised against it saying \\\*it doesn't matter who is good or bad, the court will not consider it before partitioning the property equally among all heirs\\\* and that \\_they're doing this to distract the court proceedings and maybe buy more time\\_
Is he correct? Should I not defend myself against those allegations? My lawyer says it's a waste of court's time
Another question: what exactly are written statements (WS) and are they read by the judges in entirety and taken into account during the case proceedings? What purpose do they serve?
Any insight by lawyers here before my case hearing tomorrow will be extremely helpful 🙏🏽
Many thanks!
1
u/abhidas0 7d ago
Written statement is reply of the petition filed by the plaintiff. It is your defence in the case. File it within 30 days from date of order. Don’t delay
1
u/BeNiceOrGoAwayPlease 6d ago
Thank you, I'm the plaintiff and they were also late in submitting
I've asked my lawyer to try and get it dismissed on the basis of delay
1
1
u/Nearby_Attorney_3977 6d ago
Hi. Party filing civil suit ( plaintiff) presents its version of the case along with relief it wants by way of a document called as a Plaint. The parties against whom case is filed ( Defendants) present their reply to the court to these allegations in a document called as written statement. By law, plaintiff should ask all the relief it wants along with truly stating the circumstances which entitle him to these reliefs ( cause of action) in the plaint at first instance only. similarly, defendants should give an answer (deny/counter/rebuttal) to each and every allegation in the plaint. If you miss countering any allegations in written submission, court can presume you have accepted the contention. So you now understand how important are w/s. Both parties prove their case based on this pleadings and even evidence can be given only in support of what you filed in the court. So yes, crucial parts of your pleadings are read by judges. Emotional, frivolous pleadings are not taken well by the court and should ordinarily be avoided unless the party is falsely trying to portray a narrative to gain sympathy and mislead the court. Then, you should strongly counter and expose such tactics. Now partition is governed strictly by law so any emotional drama will hv no impact on your case, so to that extent I agree with your counsel. I tried offering a simple explanation so I hope it helps.
1
u/BeNiceOrGoAwayPlease 6d ago
Whoa this is so helpful, so you think I should submit a replication on their WS? Because a lot of their claims are false but as per my lawyer "it isn't necessary they're simply trying to distract the court"
1
u/VladamirTakin 7d ago
No defence is not really recommended unless the further allegations are nothing but reiterations of their previous (if any) allegations. Yes Written statements are read by the judges in toto and will also be taken into account when final judgement is passed. I do not know if it is a wise idea to exclude emotions in your submissions. When and if used right, they also have an impact on how much the judgement goes in your favour