Plaint and Written Statement: Key Differences and Legal Significance

A plaint is the initial legal document filed by the plaintiff to commence a civil suit. It lays out the plaintiff’s case, detailing the claims against the defendant and specifying the relief sought. The plaint is crucial for initiating legal proceedings and serves as a foundation for the court’s examination of the case.

Essential Contents of a Plaint

Under Order VII of the Code of Civil Procedure (CPC), the plaint must contain several key elements:

1. Court Details:

o The name of the court in which the suit is being filed.

2. Plaintiff’s Information:

o Full name, address, and a brief description of the plaintiff. This should include details like occupation and legal capacity (if acting as a representative).

3. Defendant’s Information:

o Full name, residence, and description of the defendant. If the defendant is a corporation or firm, details such as its registered office and the name of its principal officer must be included.

4. Statement of Facts:

o The plaint must clearly state the facts leading to the cause of action. These facts should be presented in a chronological sequence to provide a coherent narrative of the dispute.

5. Cause of Action:

o A detailed account of the events that led to the dispute, including the time and place where the cause of action arose. This section must establish a legal basis for the claim.

6. Relief Sought:

o Specific relief or remedy the plaintiff seeks from the court. This could include monetary compensation, injunctions, declarations, or specific performance of a contract.

7. Value of the Suit:

o The value of the subject matter of the suit, which is essential for determining jurisdiction and court fees. This value should reflect both the actual value of the claim and any ancillary costs.

8. Verification:

o A verification clause stating that the facts mentioned in the plaint are true to the best of the plaintiff’s knowledge, signed and sworn to by the plaintiff or their authorized representative.

Procedure for Filing a Plaint

1. Preparation:

o Draft the plaint in accordance with Order VII of the CPC, ensuring all required details are accurately included.

2. Presentation:

o File the plaint in the court having jurisdiction over the matter. The plaint should be accompanied by the necessary court fees and documents.

3. Verification:

o Ensure the plaint is duly verified as required by law. Verification is typically done through an affidavit affirming the accuracy of the information.

4. Admission:

o Upon presentation, the court will assess the plaint for adherence to procedural norms and admission criteria. If the plaint meets the requirements, the court will issue a summons to the defendant.

Rejection of a Plaint

A plaint may be rejected under Order VII Rule 11 of the CPC under the following conditions:

1. Lack of Cause of Action:

o If the plaint does not disclose a valid cause of action, the court may reject it. A cause of action must be based on a factual and legal premise that entitles the plaintiff to seek relief.

2. Undervaluation:

o If the claim is undervalued and the plaintiff fails to correct the valuation within the prescribed period, the plaint can be rejected. Correct valuation is necessary for jurisdictional purposes and to determine appropriate court fees.

3. Defective Stamp Paper:

o If the plaint is not properly stamped, and the plaintiff does not remedy the defect within the time allowed, the plaint may be rejected.

4. Barred by Law:

o If the plaint is barred by any statute or legal provision, it may be rejected. This includes cases where the dispute falls outside the court's jurisdiction or is governed by specific laws that preclude the suit.

5. Non-compliance with Procedural Requirements:

o Failure to adhere to procedural norms, such as submitting necessary copies of the plaint or fulfilling other filing requirements, can lead to rejection.

Provisions for Rejection

1. Order VII Rule 12:

o Outlines the procedures for rejecting a plaint and states that the order rejecting a plaint is not a decree, but it can be a ground for a fresh plaint.

2. Order VII Rule 13:

o Indicates that the rejection of a plaint does not bar the presentation of a new plaint on the same cause of action.

Landmark Cases on Rejection of Plaint

1. Kalepur Pala Subrahmanyam v. Tiguti Venkata:

o Established that a plaint must be rejected in its entirety if any part is defective, rather than partially accepted.

2. Sopan Sukhdeo Sable v. Asstt. Charity Commr.:

o Held that an application under Order 7 Rule 11 should not be used to delay the proceedings when the suit is already at the evidence stage.

3. Bibhas Mohan Mukherjee v. Hari Charan Banerjee:

o Affirmed that an order rejecting a plaint is considered a decree, making it binding in future related proceedings.

4. ROJA vs. U.S. RAYU:

o Clarified that applications for the rejection of a plaint can be made at any stage, and such applications must be disposed of before proceeding with the trial.

5. Kuldeep Singh Pathania vs. Bikram Singh Jarya:

o Held that the court can only consider the pleadings in the plaint when evaluating an application under Order VII Rule 11, excluding the written statement.

Written Statement

Definition and Purpose

A written statement is the defendant’s formal response to the plaint. It outlines the defendant’s version of events, contests the allegations made by the plaintiff, and may introduce counterclaims or defences.

Essential Contents of a Written Statement

1. Response to Allegations:

o The written statement must address each allegation made in the plaint, either admitting or denying them. Each fact stated in the plaint should be specifically addressed to clarify the defendant’s stance.

2. Defences:

o The defendant should outline any legal defences or justifications against the claims made by the plaintiff. This may include asserting that the claim is legally insufficient or based on incorrect facts.

3. Counterclaims:

o If applicable, the defendant can include counterclaims, asserting their own claims against the plaintiff arising from the same transaction or related matters.

4. Supporting Evidence:

o The written statement should be accompanied by evidence supporting the defendant’s position, including documents, affidavits, or other relevant materials.

5. Preliminary Objections:

o The defendant may raise preliminary objections regarding the maintainability of the suit, jurisdiction of the court, or other procedural issues.

Procedure for Filing a Written Statement

1. Preparation:

o Draft the written statement in a structured manner, addressing each point raised in the plaint. Include all relevant defences and counterclaims.

2. Filing:

o Submit the written statement to the court within the time frame specified, usually 30 days from the date of service of the summons. Ensure that the document complies with procedural rules.

3. Service:

o Serve a copy of the written statement to the plaintiff or their legal representative, as required.

4. Verification:

o Similar to the plaint, the written statement must be verified by the defendant or their authorized representative, affirming the truthfulness of the content.

Significance of a Written Statement

• Clarification of Issues: It helps to clarify the issues in dispute, narrowing down the points of contention between the parties.

• Defense Preparation: Provides the court with the defendant’s version of the facts, enabling a fair trial.

• Counterclaims: Allows the defendant to assert their own claims, potentially leading to a resolution of all related issues in a single proceeding.

Landmark Cases on Written Statement

1. Dinesh Kumar v. M/s. Girdhari Lal and Sons:

o Established that a written statement must be filed within the time limit set by the court, and the court has discretion to extend the time in exceptional circumstances.

2. K.K. Verma v. Union of India:

o Clarified that a written statement should address each allegation in the plaint specifically and must be based on factual and legal arguments.

3. K.K. Verma v. Union of India:

o Emphasized that a defendant cannot introduce new issues in the written statement that were not mentioned in the plaint.

4. A.K. Sinha v. Union of India:

o Highlighted the importance of the defendant’s duty to cooperate with the court in the discovery process and the filing of a written statement.