Difference Between Plaint and Written Statement

In civil litigation, two of the most fundamental legal documents are the plaint and the written statement. These documents play critical roles in shaping a lawsuit, as they define the claims, defences, and legal arguments put forth by both parties. Understanding their differences is essential for anyone dealing with civil disputes, whether as a legal professional, a business entity, or an individual seeking justice.

A plaint is the legal document filed by a plaintiff to initiate a civil lawsuit, outlining the cause of action, relevant facts, and the relief sought. On the other hand, a written statement is the defendant’s formal response to the plaint, in which they either admit, deny, or counter the allegations made by the plaintiff. Both these documents are governed by the Civil Procedure Code, 1908 (CPC), with Order VII regulating the plaint and Order VIII governing the written statement.

What is a Plaint?

A plaint is a formal legal document that contains the plaintiff’s claims against the defendant. It is the first step in filing a civil suit and serves as the foundation of the case.

According to Order VII of the Civil Procedure Code, 1908, a plaint must include:

1. The name of the court where the suit is initiated.
2. The names, addresses, and descriptions of both the plaintiff and defendant.
3. A statement indicating if the plaintiff or defendant is of unsound mind or a minor (if applicable).
4. The cause of action, including facts detailing how the dispute arose.
5. Facts that establish the jurisdiction of the court to hear the case.
6. The relief sought, such as monetary compensation, an injunction, or specific performance.
7. The valuation of the suit for court fee purposes.

The plaint should be filed in duplicate and must be signed and verified by the plaintiff as per Order IV Rule 1 of CPC. If the plaint does not comply with legal requirements, the court may reject or return it under Order VII Rule 11 and Rule 10, respectively.

What is a Written Statement?

A written statement is the defendant’s reply to the plaintiff’s plaint. It allows the defendant to respond to the allegations, either by denying, admitting, or raising legal objections against the plaintiff’s claims.

According to Order VIII of the CPC, the defendant must file a written statement within 30 days from receiving the summons. However, in exceptional circumstances, the court may extend this period to a maximum of 90 days.

Key Differences Between Plaint and Written Statement

Definition

A plaint is a formal legal document submitted by the plaintiff to initiate a civil lawsuit. It outlines the cause of action, relevant facts, and the relief sought from the court. It serves as the foundation of the case, providing the court with essential details about the dispute.

A written statement, on the other hand, is the defendant’s response to the allegations made in the plaint. It allows the defendant to either admit, deny, or contest the claims, providing their side of the argument. It is a crucial defence document in civil litigation.

Filing Party

A plaint is always filed by the plaintiff, who is the party initiating the legal proceedings. The plaintiff submits this document to the appropriate court, seeking legal remedies for their grievances.

A written statement is filed by the defendant, who responds to the claims made in the plaint. The defendant presents their defence, challenging the plaintiff’s claims, and can also include counterclaims if applicable.

Purpose

The purpose of a plaint is to formally initiate a lawsuit by stating the facts of the case and requesting a specific remedy from the court. It informs the defendant and the court about the plaintiff’s grievances and the relief they are seeking.

The written statement, in contrast, is used to respond to the plaint, either by denying, admitting, or contesting the plaintiff’s allegations. It allows the defendant to present their legal stance, raise objections, or counterclaims against the plaintiff.

Timing

A plaint is filed at the beginning of the suit, marking the initiation of legal proceedings. It must be filed within the period prescribed by law or court rules to be considered valid.

A written statement must be filed within 30 days of receiving the summons. However, under exceptional circumstances, the court may grant an extension of up to 90 days for filing the written statement. Failure to comply may result in an ex-parte decision.

Legal Provisions

A plaint is governed by Order VII of the Civil Procedure Code (CPC), 1908, which prescribes the requirements and conditions for filing. If it does not meet these criteria, the court may reject or return it.

A written statement is governed by Order VIII of the CPC, 1908, which outlines the rules for filing a defence, including the necessity of addressing each allegation made in the plaint and providing supporting legal arguments.

Contents

A plaint must contain key details, including the names and addresses of the parties, the cause of action, the jurisdiction of the court, the relief sought, and the valuation of the suit for court fee purposes. These elements are necessary for the case to be admitted by the court.

A written statement includes admissions or denials of the plaintiff’s claims, defences raised by the defendant, and if applicable, set-offs or counterclaims. The defendant must specifically address each allegation made in the plaint to ensure a fair trial.

Verification

A plaint must be verified and signed by the plaintiff, confirming that the information provided is accurate to the best of their knowledge. Verification is an essential step to prevent frivolous lawsuits.

A written statement must also be verified and signed by the defendant, ensuring that the response is genuine. If multiple defendants file a common written statement, at least one must verify it.

Amendments

A plaint can be amended with the court’s permission under certain circumstances, such as correcting errors or adding necessary details. However, amendments that change the fundamental nature of the case may not be allowed.

A written statement can also be amended with court approval, allowing the defendant to correct errors or introduce new facts or defences if required, ensuring a fair opportunity to present their case.

Effect of Non-Filing

If a plaint is not filed properly or does not meet the legal requirements, the court may reject or return it, and the lawsuit cannot proceed. This may result in the plaintiff losing their chance to seek legal remedies.

If a written statement is not filed within the stipulated time, the court may proceed ex-parte, meaning the case may be decided solely based on the plaintiff’s arguments. The defendant may lose the opportunity to defend themselves, leading to a judgment against them.

Conclusion

A plaint and a written statement are integral components of civil litigation. The plaint initiates the lawsuit, presenting the plaintiff’s case, while the written statement responds to the allegations, allowing the defendant to defend themselves. Both documents are governed by separate provisions of the Civil Procedure Code, 1908, with Order VII dealing with plaints and Order VIII regulating written statements.