If you want to file a suit in civil court, say for some property dispute, how will you state your case before the court? This can be done through plaint. Just so you know that in our legal system, as practised in countries that follow the English models, very few people know the application of petitions, plaints, written statements and suits. We know what you might be thinking, why does the concept of plaint & written statement comes into the role? What are its benefits & why is this necessary? Let’s discuss all these with the help of a difference table in this article.
What is Plaint?
Plaint is a legal document that contains the plaintiff's claim presented before a civil court of competent jurisdiction. It is a pleading of the plaintiff and the first step taken for the institution of a suit. Now, what all is comprised within a plaint? The contents and essentials of the civil suit are laid out in a plaint, including the plaintiff's claim. It showcases the grievances of the plaintiff & the causes of action that can arise out of the suit. It hasn't been defined in the CPC, but it has been laid down under Order VII of the CPC.
Particulars of A Plaint
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Name of the court where the suit is initiated.
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Name, place, & description of the plaintiff's residence.
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Name, place, & description of the defendant's residence.
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A statement of unsoundness of mind or minority in case the plaintiff or the defendant belongs to either of the categories.
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Facts which led to the cause of action and when it arose.
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Facts which point out the jurisdiction of the court.
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The plaintiff's claim for relief.
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The amount allowed or relinquished by the plaintiff just in case.
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A statement containing the value of the subject matter of the suit as admitted by the case.
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Written statement
A written Statement is nothing but a reply from the defendant to the plaint led by the plaintiff. it is the pleading of the defendant where he deals with the material fact alleged by the plaintiff in his plaint and also elucidates any new fact favouring him or taking legal objections against the plaintiff's claims in the plaint. In a written statement defendant can deny the allegations made in the plaint against him. Apart from this, he can also claim to set off any sums of money payable by the plaintiff to him as a counter-defence (Order 8 Rule 6). On the other hand, if the defendant has any claim against the plaintiff concerning any matter in the issue raised in the plaint, he can separately file a counter-claim alongside his written statement (Order 8 Rule 6A to 6G)
Who may file a written statement?
A written statement may be filed by the defendant or by his duly authorized agent. In the case of more than one defendant, the common written statement led by them must be signed by all of them. However, it will suffice if it is verified by one of them who is aware of the facts of the case.
The time limit for a written statement
A written statement must be filed within thirty days from the service of the summons on him. The said period can be extended up to ninety days.
Difference between Plaint and Written Statement
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S. No.
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Plaint
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Written Statement
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1.
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A legal document stating the cause of action and other mandatory particulars supports the plaintiff's claim.
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A defence statement comprising all material facts and other details against the plaint is a “written statement”.
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2.
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It is filed by the plaintiff stating its facts and relief to be claimed by the plaintiff.
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It is filed by the defendant as a reply to the plaintiff's claims.
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It contains name of the court, name, place, and description of the plaintiff's & defendant’s residence, a statement of unsoundness of mind, cause of action, relief claimed, etc.
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it contains all materials and other objections that the defendant might place before the court to admit or deny the plaintiff's claim.
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3.
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Plaint is the first stage in a civil suit for the institution of the suit.
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A written statement must be filed within 30 days from the date of receipt of the copy of the plaint. (extended to 90 days)
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4.
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Generally, it is divided into parts like- a heading, the cause title, the body, the prayer, the signature & verification of the plaintiff.
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A general denial of grounds alleged in the plaint is not sufficient, and denial has to be specific and must be substantiated with documentary evidence.
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5.
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Plaint must contain the name, description and residence of the defendant.
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Every allegation of fact in the plaint, if not denied specifically, shall be deemed to be admitted.
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6.
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Order VII of CPC deals with the plaint.
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Order VIII of CPC deals with written statements.
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Conclusion
With this, we can finally conclude by saying that in today’s time, disputes regarding property, family or personal affairs, etc., have risen, and so has the need to have knowledge as a lawyer of how one can institute the suit or put claims before the court. Therefore, one must be aware of the terms such as plaint or written statement under CPC.