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RESEARCH PROJECT
ON
PLAINT & WRITTEN STATEMENT

SUBMITTED BY
SHUBHAM PAL
ROLL NO-164140064
B.COM. LL.B (Hons.)
7TH SEMESTER

OF

FACULTY OF LAW
DR. SHAKUNTALA MISRA NATIONAL REHABILITATION
UNIVERSITY, LUCKNOW

IN
10/2019
UNDER THE GUIDANCE OF

SANDEEP SIR
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ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to my teacher SANDEEP

SIR who gave me the golden opportunity to do this wonderful topic “PLAINT
&WRITTEN STATEMENT” which also helped me in doing a lot of Research
and I came to know about so m any new things I am really thankful to them.

SHUBHAM PAL
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TABLE OF CONTENTS

ACKNOWLEDGEMENT................................................................................................................ 2

PLAINT.............................................................................................................................................. 4

RETURN OF PLAINT...................................................................................................................... 5

DISMISSAL OF SUIT...................................................................................................................... 6

WRITTEN STATEMENT................................................................................................................ 7

SET OFF............................................................................................................................................. 8

CONCLUSION.................................................................................................................................. 9

BIBLIOGRAPHY............................................................................................................................. 10
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PLAINT & WRITTEN STATEMENT

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.

PARTICULARS OF A PLAINT:

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

2. Name, place, and description of the plaintiff’s residence

3. Name, place, and description of the defendant’s residence.

4. A statement of unsoundness of mind or minority in case the plaintiff or the

defendant belongs to either of the categories.

5. The facts that led to the cause of action and when it arose.
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6. The facts that point out to the jurisdiction of the court.

7. The plaintiff’s claim for relief.

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

9. A statement containing the value of the subject matter of the suit as

admitted by the case.

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.

RETURN OF PLAINT
Order VII, Rule 10 states that the plaint will have to be returned in such situations
where the court is u able 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.
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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.

NATURE OF RETURNED PLAINT

When a plaint has been returned for want of proper jurisdiction, it is to be treated
as a fresh plaint. This fresh plaint can be amended and no consequences can arise
as a result of it. This amended plaint cannot be rejected by stating that the
averments were not present in the original plaint. This argument will not be taken
into consideration and the plaint will be allowed to stand.

WHEN CAN A PLAINT BE REJECTED?

A plaint can be rejected under the following scenarios:

1. Where the cause of action is not disclosed

2. 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.

3. 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.

4. Where the suit stems from a statement which has been essentially barred by
law.
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WRITTEN STATEMENT-

In legal dictionary, the word written statement means a pleading for defence.
However, the expression ‘written statement’ has not been defined in the code and
it is a term of specific connotation ordinarily signifying a reply to the plaint which
is filed by the plaintiff. In other words, a written statement is the pleading of the
defendant wherein he deals with every material fact alleged by the plaintiff along
with any new facts in his favor or that takes legal objections against the claim of
the plaintiff.

R.1. – Written statement.

A defendant should, within 30 days from the service of summons on him, present a
written statement of his defense the period id extendable up to 90 days, but for
reasons to be recorded for such extension.

A written statement should be drafted carefully and artistically. All the general
rules of pleading apply to a written statement also. Before proceeding to draft a
written statement it is absolutely necessary to examine the plaint carefully. Like a
plaintiff, a defendant may also take a number of defense, either simply or in the
alternative, even though they may be inconsistent, provided they are maintainable
at law and are not embarrassing.

facts must be specially pleaded.

The effect of the rule is, for reasons of practice and justice and convenience, to
require the party to tell his opponent what he is coming to the Court to prove. If he
does not do that, the Court will deal with it in one of two ways. It may say that it is
not open to him, that he has not raised it and will not be allowed to rely on it; or it
may give leave to amend by raising it and protect the other party.
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Denial to be specific.

The defendant must deny specifically with each allegation of fact of which he does
not admit the truth.

SET OFF

Definition: Where in a suit by the plaintiff for recovery of money and the
defendant finds that he also has a claim of some amount against the plaintiff what
he do is he can claim a set-off in respect of the said amount. This right of the
defendant to claim set off has been recognized under Order 8, Rule 6 of the Code.

Essential Conditions:

A defendant may claim a set-off, if:

The suit is for the Recovery of money;

The sum of money must be ascertained;

Such sum must be legally recoverable;

It must be recoverable by the defendant or by all the defendants, if not more than
one;

It must be recoverable by the defendant from the plaintiff(s);

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COUNTER CLAIM

Rule 6A to 6G of Order 8 deals with counter-claim. It is claim made by the

defendant in a suit against the plaintiff. It is a claim independent of and separable
from plaintiff’s claim which can be enforced by a cross section. Counter-claim can
be set up in respect of action accruing to the defendant either before or after the
filing of the suit but before the defendant has delivered his defense or before the
time fixed for delivery of his defense has expired.

CONCLUSION

A plaint is important in the sense that it is the first and foremost step towards
instituting the suit. And a written statement related to plaint, that means answer of
plaint. 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 benefitted.
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BIBLIOGRAPHY

1. https://blog.ipleaders.in/additional-written-statement-order-8-rule-9-cpc/

2. https://www.lawnn.com/civil-procedure-code-written-statement-set-off-counter-claim/

3. https://www.lawnn.com/plaint/under-cpc/