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TABLE of CONTENTS
No.

I. INTRODUCTION:

II. PLAINT:

III. WRITTEN STATEMENT:

IV. CONCLUSION:

BIBLIOGRAPHY:
Plaint and Written Statement -

I. INTRODUCTION

The Civil Suit is basically a dispute which arises between two

people or two organizations wherein a subject for dispute is
limited to monetary transaction and dispute related to immovable
property.

Broadly, a civil suit passes through the following five stages

Institution of a Civil Suit (Plaint, Written Statement, Replication,
etc.)
Framing of issues.
Summoning and attendance of witnesses.
Hearing of Suit and Examination of Witness.
Decree/Order and the Judgment.
The Plaint is a document for instituting a suit in the proper court
of law. it is very important, drafted by the advocate with
consultation of his client. under section 26 of the c.p.c every suit
shall be instituted by the presentation of the plaint.
Written Statement is a pleading of the defendant in the answer of
the plaint led by the plaintiff against him. It is a reply statement
of the defendant in a suit specially denying the allegations made
against him by the plaintiff in his plaint.

II. PLAINT:

A plaint is a legal document which contains the written statement

of the plaintiff's claim. A plaint is the first step towards the
initiation of a suit. In fact, in the very plaint, the contents of the
civil suit are laid out.

Through such a plaint, the grievances of the plaintiff are spelled

out, as well as the possible causes of action that can arise out of
the suit. A plaint which is presented to a civil court of appropriate
jurisdiction contains everything, including facts to relief that the
plaintiff expects to obtain.
Although it hasn't been defined in the CPC, it is a comprehensive
document, a pleading of the plaintiff, which outlines the
essentials of a suit, and sets the legal wheels up and running.

Order VII of the CPC particularly deals with a plaint. A few of the
essentials of a plaint implicit in itself are those only material
facts, and not all facts or the law as such is to be stated, the facts
should be concise and precise, and no evidence should be
mentioned.

Provisions of Plaint in CPC

Order VII of the Code of Civil Procedure is all about the “plaint.”
In this order, you’ll find different rules that cover various aspects
of what should be in a plaint. Here’s a breakdown:

 Rules 1 to 8: These rules explain what specific details should

be included in the plaint.

 Rule 9: This rule tells us how the court should admit the
plaint.

 Rules 10 to 10-B: These rules discuss what happens if the

plaint in CPC needs to be returned and how parties should
appear.

 Main Rules 11 to 13: These rules lay out the situations in

which the court can reject the plaint.

Section 26 of the Code of Civil Procedure is important because it

says that every lawsuit has to start with the presentation of a
plaint in CPC or in a way that the law says. So, it’s clear that a
plaint is essential when you want to begin a case in a civil or
commercial court.
 Particulars Of A Plaint:

I. The name of the particular court where the suit is initiated.

II. Name, place, and description of the plaintiff's residence

III. Name, place, and description of the defendant's residence.

IV. A statement of unsoundness of mind or minority in case the

plaintiff or the defendant belongs to either of the categories.

V. The facts that led to the cause of action and when it arose.

VI. The facts that point out to the jurisdiction of the court.

VII. The plaintiff's claim for relief.

VIII. The amount allowed or relinquished by the plaintiff if so

IX. A statement containing the value of the subject matter of

the suit as admitted by the case.

Additional Particulars:

I. Order VII, Rule 2 states that the plaintiff shall state the
exact amount of money to be obtained from the defendant if
the case is so. On the other hand, if the exact amount
cannot be arrived at, as is then case with mesne profits, or
claim for property from the defendant, an approximate
figure must be mentioned by the plaintiff

II. Order VII, Rule 3 states that when immovable property is

the subject matter of the plaint, the property must be duly
described, that is sufficient in the ordinary course to identify
it.

III. Order VII, Rule 3 states that when the plaintiff has initiated
the suit in a representative capacity, it has to be shown that
he/ she has sufficient interest in doing the same as well as
has taken the required steps to ensure the same.
IV. The plaint should adequately show the involvement of the
defendant, including his/ her interests in the same and
thereby justifying the need to bring him/ her forward.

V. If the plaintiff files the suit after the expiration of the period
of limitation, he/ she must show the reason for which such
an exemption from law is being claimed.

Procedure For Admission Of The Plaint:

When the court serves the summons for the defendant, according
to Order V, Rule 9, the plaintiff must present copies of then plaint
according to the number of defendants, and should also pay the
summons fee, within seven days of such a summons.

The Particulars Of A Plaint Can Be Divided Into Three Important

Parts Such As Heading And Title, Body Of The Plaint, And Relief
Claimed.
Heading And Title:

Name Of The Court:

The name of the court should be written as the heading. It is not

necessary to mention the presiding officer of the court. The name
of the court would be sufficient. Eg. In the Court of District Judge,
Kolkata.

Parties To The Suit:

There are two parties to every suit, the plaintiffs and the
defendants. For the purpose of the suit, the name, place, and
description of the residence of both the plaintiffs and the
defendants have to be mentioned in the particular plaint.

When there are several plaintiffs, all of their names have to be

mentioned and have to be categorically listed, according to their
pleadings, or in the order in which their story is told by the
plaintiff.
Minors cannot sue nor can be sued. So if one of the parties is a
minor or of unsound mind, it will have to be mentioned in the
cause title.

Title Of The Suit:

The title of the suit contains the reasons for approaching the
court and the jurisdiction before which the plaint Is initiated.

Body Of The Plaint

This is the body of the plaint wherein the plaintiff describes his/
her concerns in an elaborative manner. This is divided into short
paragraphs, with each paragraph containing one fact each. The
body of the plaint is divided into two further parts which are:

Formal Portion:

The formal portion contains the following essentials:

1. A statement regarding the date of cause of action. It is

necessary for every plaint to contain the date when the
cause of action arose. The primary objective behind this is to
determine the period of limitation.

2. There should be a statement regarding the jurisdiction of the

court. The plaint must contain all facts that point out the
pecuniary or territorial jurisdiction of the court.

3. The value of the subject matter of the suit must be stated

properly in this part of the plaint.

4. Statement regarding minority.

5. The representative character of the plaintiff

6. The reasons why the plaintiff wants to claim exemptions

under the law if the suit is initiated after the period of
limitation.
Substantial Portion:

I. This portion of the plaint must contain all the necessary and
vital facts, which constitute the suit. If the plaintiff wishes to
pursue a course of action on any other grounds, such
grounds must be duly mentioned.

II. It should be shown in the plaint that the defendant is

interested in the subject matter and therefore must be
called upon by the court.

III. If there is more than one defendant, and if the liability is not
joint, then the individual liability of each and every
defendant must be shown separately.

IV. In the same way, if there is more than one plaintiff, and
their cause of action is not joint, then too, the same has to
be mentioned separately.

Relief:
The last part of the plaint is the relief. The relief claimed must be
worded properly and accurately. Every plaint must state
specifically the kind of relief asked for, be it in the form of
damages, specific performance or injunction or damages of any
other kind. This has to be done with utmost carefulness because
the claims in the plaint cannot be backed by oral pleadings.

Signature And Verification:

I. The signature of the plaintiff is put towards the end of the

plaint. In case the plaintiff is not present due to any
legitimate reason, then the signature of an authorized
representative would suffice.

II. The plaint should also be duly verified by the plaintiff. In

case the plaintiff is unable to do so, his/ her representative
may do the same after informing the court.
III. The plaintiff has to specify against the paragraphs in the
pleadings, what all he/ she has verified by his/ her own
awareness of the facts, and what has been verified as per
information received, and subsequently believed to be true.

IV. The signature of the plaintiff/ verifier, a Where the language

of the plaint is beyond the comprehension of the plaintiff,
the same has to be translated, or made known to the
plaintiff, and only after that can he/ she put his/her
signature and get the plaint verified by the Oath
Commissioner.

Return Of Plaint

Order VII, Rule 10 states that the plaint will have to be returned
in such situations where the court is unable to entertain the
plaint, or when it does not have the jurisdiction to entertain the
plaint.

The courts can exercise the power of returning the plaint for
presentation before the appropriate court if it feels that the trial
court itself did not have the appropriate jurisdiction in the first
place.

Once the appellate court finds out that the trial court decided on
the civil suit without proper jurisdiction, such decision would be
nullified.

Dismissal Of Suit

If the plaint is to be returned to the parties after its rejection, the

court has to fix a date for the same where the parties can arrive
for this purpose.

This was mentioned in Rule 10, inserted by the amendment act of

1976. If the court does not have the adequate jurisdiction, the
proper course is to return the plaint and not to dismiss it.
When Can A Plaint Be Rejected?

I. A plaint can be rejected under the following scenarios

II. Where the cause of action is not disclosed

III. When the relief claimed by the plaintiff is undervalued, and

he/ she is not able to correct it even after being instructed
by the court to do so.

IV. When the relief claimed is proper, but the plaintiff proceeds
with the plaint on a paper which has not been stamped
sufficiently and fails to do so even after the court's
instruction.

V. Where the suit stems from a statement which has been

essentially barred by law
III. WRITTEN STATEMENT: (ORDER 8)

Meaning:
The expression Written Statement has not been dened in this
code. It is a term of specic meaning ordinarily signifying a reply
to the plaint led by the plainti. In other words, it is the pleading
of the defendant wherein he deals with the material fact alleged
by the plainti in his plaint and also states any new fact in his
favour or takes legal objections against the claim of the plainti.

Who may be written statement:

A written statement may be filed by the defendant or by his duly

authorized agent. In the case of more than one defendants, the
common written statement led by them must be signed by all of
them. But it is sucient if it is veried by one of them who is aware
of the facts of the case and is in a position to le an adavit. But a
written statement led by one defendant does not bind other
defendants.

Time limit for ling written statement:

A written statement should be led within thirty days from the

service of the summons on him. The said period, however, can be
extended up to ninety days,(Rule -1). A defendant should present
a written statement of his defence in the said period.

Defences in written statement:

In written statement defendant can specically deny the

allegations made in the plaint by the plainti against him. Besides
this, he also can claim to set-o any sums of money payable by
the plainti to him as a counter defence (Order 8 Rule 6). Further,
if the defendant has any claim against the plainti relating to any
matter in the issue raised in the plaint, then he can separately le
a counter-claim along with his written statement. It is provided in
Order 8 Rule 6A to 6G of the code.
Particulars: Rules 1-5 and 7-10

Drafting a written statement is an art so it should be drafted

carefully and artistically. Before proceeding to draft a written
statement it is absolutely necessary for the defendant to examine
the plaint carefully.

Special rules of defence:

Rules 2 to 5 and 7 to 10 deal with special points regarding the

ling of a written statement:

1. New facts, such as the suit is not maintainable, or that the

transaction is either void or voidable in law, and all such
grounds of defence as, if not raised, would take the plainti
by surprise, or would raise issues of fact not arising out of
the plaint, such as fraud, limitation, release, payment,
performance or facts showing illegality, etc. must be raised.
(Order 8 Rule 2)

2. The denial must be specie. It is not succinct for a defendant

in his written statement to deny generally the grounds
alleged by the plainti, but he must deal specially with each
allegation of fact which he does not admit, except damages.

3. The denial should not be vague or evasive. Where a

defendant wants to deny any allegation of fact in the plaint,
he must do so clearly, specially and explicitly and not
evasively or generally.

4. Where every allegation of fact in the plaint, if not denied

specically or by necessary implication, or stated to be not
admitted except as against a person under disability. The
court may, however, require proof of any such fact
otherwise than by such admission.

5. Where the defendant relies upon several distinct grounds of

defence or set-o or counterclaim founded upon separate and
distinct facts, they should be stated separately and
distinctly.
 6. Any new ground of defense which has arisen after the
institution of the suit is a presentation of a written statement
claiming a set-o or counterclaim may be raised by the
defendant or plainti in his written statement as the case may
be.

7. If the defendant fails to present his written statement within

the time permitted or relaxed by the court, the court will
pronounce the judgment against him or pass such order in
relation to the suit as it thinks t and a decree will be drawn
up according to the said judgment.

8. No pleading after the written statement of the defendant

other than by way of defense to set-o or counterclaim can
be led.

Conclusion
A plaint is important in the sense that it is the first and foremost
step towards instituting the suit. Therefore, due care has to be
taken to ensure that the procedure required for the initiation of
plaint has been duly recognized.

It is mandatory to follow protocol by stating the relevant facts,

the necessary details, refrain from providing evidence and
mention the kind of relief envisaged so that the plaintiff is duly
benefited.

A plaint is important in the sense that it is the first and foremost

step towards instituting the suit. Therefore, due care has to be
taken to ensure that the procedure required for the initiation of
plaint has been duly recognized. It is mandatory to follow
protocol by stating the relevant facts, the necessary details,
refrain from providing evidence and mention the kind of relief
envisaged so that the plaintiff is duly benefited
IV. Conclusion

In conclusion, a plaint in CPC is a formal and crucial legal

document that initiates a civil lawsuit. It provides a clear and
structured account of the case, including the parties involved, the
facts leading to the cause of action, the relief sought and
jurisdictional details.

The plaint plays a fundamental role in defining the scope and

purpose of the lawsuit and it ensures that the court has the
necessary information to proceed with the case. Adherence to the
specific rules and guidelines outlined in the CPC is essential when
drafting a plaint to maintain legal clarity and fairness in civil
litigation.

A written statement is a document in a legal case where the

defendant, the person being sued, responds to the claims made
by the plaintiff, the person who filed the lawsuit. It’s like telling
their side of the story in writing. In the written statement, the
defendant can admit or deny the plaintiff’s allegations and explain
their defences. They may also include any counterclaims if they
have a case against the plaintiff. It’s an essential part of the legal
process that helps both sides present their arguments to the
court, allowing the judge to make a fair decision in the case.
 C BIBLIOGRAPHY:
i.
ii. https://lawnotes.co/written-statement/
iii. https://lawbhoomi.com/plaint-in-cpc/plaint-CPC-commencing-legal-
action.
iv. https://www.legalserviceindia.com/legal/article-7119-plaint-written-
statement-set-off-and-counter-claim-under-civil-procedure-code-
1908.html
v. https://lawbhoomi.com/written-statement-in-cpc/

vi. https://blog.ipleaders.in/sample-plaint-civil-procedure-code/
vii. https://lawnotes.co/tag/define-plaint/