Difference Between Plaint And Written Statement

The difference between plaint and written statement is fundamental to civil litigation. Both documents play crucial roles in a civil lawsuit, with distinct purposes and legal implications. A plaint is the formal document filed by the plaintiff to initiate a suit, outlining the cause of action, facts, and remedies sought. On the other hand, a written statement is the defendant’s formal response to the plaint, addressing the claims made and presenting defenses, counterclaims, or admissions.

This blog delves into the key distinctions between a plaint and a written statement, their respective roles under the Civil Procedure Code, 1908 (CPC), and how they contribute to the judicial process. Whether you’re a legal professional or someone seeking clarity on civil proceedings, understanding these differences is essential for navigating the legal system effectively.

What Is A Plaint?

A plaint is a formal legal document that is submitted in civil courts. It is submitted by the plaintiff to the court and lays the foundation of the civil case. It includes important details such as the facts of the case, issues involved, remedies sought by the plaintiff, the jurisdiction of the court, the name and address of the parties, and cause of action etc. Rule 1 of Order 4 of the Code of Civil Procedure, 1908 states that the plaint is to be presented in duplicate to the court or such officer as is appointed by the court.

The plaint is the foundational document in a lawsuit, marking the formal initiation of legal proceedings. It serves to bring the dispute before the court, outlining the plaintiff's perspective on the matter. By presenting the facts that give rise to the dispute, the plaint ensures that the legal process begins with a clear articulation of the plaintiff's claims and grievances.

A critical component of the plaint is the cause of action, which refers to the specific legal right that has been violated, justifying the plaintiff's approach to the court for redress. Additionally, the plaint must explicitly state the relief sought by the plaintiff, whether monetary compensation, injunctions, specific performance, or any other legal remedy. This clarity enables the court to assess the scope and nature of the plaintiff’s claims effectively.

The Plaint is governed by Order 7 of CPC, 1908:

• Order 7 Rule 1 deals with the particulars of the plaint.
• Rule 7 states that the plaint shall specifically state the relief that is claimed by the plaintiff. Rule 8 provides that where the plaintiff seeks relief with respect to several distinct claims that are founded upon separate grounds, they should be stated separately.
• Rule 14 states that wherever a plaintiff uses a document or relies on the document, he shall provide a list of such papers and produce it in court as well.
• Rule 9 deals with the admission of a plaint. The court directs the plaintiff to present as many copies of the plaint on plain paper as there are defendants as per the date specified by the court.
• Rule 10 deals with the return of the plaint. The court can order the return of the plaint and ask it to be presented in another court in which the suit should have been instituted.
• Rule 11 deals with the rejection of a plaint. It provides that the plaint is rejected if the cause of action is not disclosed, the relief claimed is undervalued, it is insufficiently stamped, it is barred by law, rule 9 is not complied with, or all plaint is not filed in duplicate as per Order 4.

Also Read : What is Summons under CPC?

What Is A Written Statement?

A written statement is a legal document that is filed by the defendant in response to the plaint and submitted by the plaintiff in a civil suit. It is a reply to the plaint, and it consists of all the facts necessary to address the allegations made in the plaint. The defendant can either admit, deny, or contest the claims made in the plaint.

A written statement is the defendant’s formal response to the allegations made in the plaint. Its primary purpose is to address each claim raised by the plaintiff, either by admitting, denying, or providing an explanation for the same. This document reflects the defendant's version of events and forms the foundation of their defense against the plaintiff's claims, making it a crucial element in the litigation process.

The written statement must specifically address every allegation of fact in the plaint, as a general denial is not sufficient. It also provides the defendant an opportunity to present new facts or legal arguments that support their defense, such as pleas of limitation, fraud, or payment. Additionally, the defendant can use the written statement to include a set-off, where they claim a deduction for a debt owed by the plaintiff, or a counterclaim, which is an independent claim against the plaintiff.

• Order 8 of the Civil Procedure Code of 1908 deals with written statements. Order 8 Rule 1 states that the defendant shall present a written statement within 30 days from the date of service of summons. The proviso extends the time period to a maximum of 90 days at the court’s discretion.
• As per Order 8 Rule 2, the defendant must raise all the matters that show the suit is nunsuitableor void.
• Rule 3 states that it is not sufficient for the defendant to generally deny the ground. He must deal with each allegation specifically.
• Similarly, Order 8 rule 4 provides that the defendant needs to deny every allegation to the point and must not do so evasively.
• Further, Order 8 Rule 6 deals with set-off. Order 8 Rule 6A deals with counterclaims.

Also Read : What Is Pleading In Law?

Difference Between Plaint And Written Statement

Here’s the key difference between plaint and written statement:

Conlusion

Understanding the difference between plaint and written statement is crucial for anyone involved in civil litigation. While the plaint initiates the legal process by presenting the plaintiff's claims and grievances, the written statement serves as the defendant’s response, addressing and defending against those claims. Both documents are governed by distinct provisions under the Civil Procedure Code, 1908, and play pivotal roles in framing the issues and determining the course of the lawsuit.

By clearly defining their respective purposes, timelines, and content, the distinction between a plaint and a written statement ensures that both parties have an equal opportunity to present their case. Whether you’re preparing to file a suit or respond to one, understanding these legal documents will help you navigate the process efficiently and effectively.