Code of Civil Procedure, 1908 (CPC)
Plaint and Written Statement Compared: The Two Pleadings under the CPC
Order VI Rule 1 of the Code of Civil Procedure, 1908 defines a pleading exhaustively: it means a plaint or a written statement, and nothing else. The two documents face each other across the record, one asserting a claim and the other answering it, and between them they fix the issues the court will frame and the boundary of the evidence either side may lead. These notes set out each document on its own terms, then compare them across every point on which they differ, and close with what they share.
The two pleadings, their separate rules, and the common requirements of Order VI
1. The Plaint
The plaint is the plaintiff's pleading, and it is the document by which a suit is instituted under Section 26 and Order IV Rule 1. Its contents are prescribed by Order VII Rule 1: the name of the court, the description and residence of the parties, a statement where either is under disability, the facts constituting the cause of action and when it arose, the facts showing the court's jurisdiction, the relief claimed, any set-off allowed or claim relinquished, and the valuation of the subject matter for jurisdiction and for court fees. It must be accompanied by the documents sued upon under Rule 14, and bear the prescribed court fee. The plaint is the aggressive pleading: it defines the suit, and everything that follows, from the framing of issues to the terms of the decree, is measured against it.
2. The Written Statement
The written statement is the defendant's pleading, filed under Order VIII Rule 1 within thirty days of service, extendable by the court for recorded reasons to ninety days, and, in commercial suits, subject to a mandatory outer limit of one hundred and twenty days. Its governing rules are those of denial: by Rule 3 the defendant must deal specifically with each allegation he does not admit; by Rule 4 he must not deny evasively; and by Rule 5 every allegation not denied specifically or by necessary implication is taken to be admitted. Rule 2 requires him to plead all matters showing the suit not to be maintainable and all affirmative defences such as fraud, limitation, release, payment and illegality. Beyond defending, the written statement may carry two affirmative devices: a set-off under Rule 6 and a counterclaim under Rules 6A to 6G.
3. The Comparison
Basis | Plaint | Written statement |
|---|---|---|
Who files it | The plaintiff | The defendant |
Governing Order | Order VII, read with Order IV on presentation | Order VIII |
Function | Asserts a claim and institutes the suit under Section 26 | Answers the claim, admits or denies, and sets up defences |
Essential content | Cause of action and when it arose, jurisdictional facts, valuation, relief claimed | Specific denials, affirmative defences, and any set-off or counterclaim |
Time for filing | No time limit as such; governed only by the law of limitation | Thirty days from service, extendable to ninety (directory); one hundred and twenty days in commercial suits (mandatory) |
Court fee | Payable on the value of the relief claimed | None, unless a set-off or counterclaim is raised, which carries fee as on a plaint |
Consequence of defects | May be returned under Order VII Rule 10 or rejected under Rule 11; rejection is a deemed decree under Section 2(2) | Failure to file attracts Order VIII Rule 10, under which the court may pronounce judgment or make such order as it thinks fit |
Effect of silence | A fact not pleaded cannot be proved, by force of Order VI Rule 7 | A fact not denied is taken to be admitted, by force of Order VIII Rule 5 |
Character | Offensive: the sword that opens the case | Defensive: the shield, which may also carry a sword by way of counterclaim |
4. What the Two Have in Common
Both are pleadings, so the whole of Order VI governs them alike, and stating this at the end of a comparison shows command of the scheme rather than mere memory of differences.
i. Material facts only. By Rule 2, each must state concisely the material facts relied on, but not the evidence by which they are to be proved.
ii. Particulars. By Rule 4, particulars of misrepresentation, fraud, breach of trust, wilful default and undue influence must be stated in either pleading that alleges them.
iii. No departure. By Rule 7, neither party may raise a new ground of claim or an allegation inconsistent with his own previous pleading, except by amendment.
iv. Signature and verification. By Rules 14 and 15, each is signed by the party and his pleader and verified, with the supporting affidavit required by Rule 15(4) and Section 26(2), and a statement of truth under Rule 15A in commercial suits.
v. Striking out and amendment. Matter in either may be struck out under Rule 16 if scandalous, frivolous, vexatious or embarrassing, and either may be amended under Rule 17, subject to the due diligence proviso once trial has commenced.
§ The relationship in one sentence The plaint fixes what the plaintiff must prove; the written statement fixes what he need not prove, because what is admitted, expressly or by failure to deny, drops out of the case. The issues the court frames under Order XIV Rule 1 arise precisely from the points on which the two pleadings disagree. |
5. Landmark Points
- Order VI Rule 1. Pleading means plaint or written statement; the definition is exhaustive for the Code's purposes.
- Order VIII Rule 5. Allegations not denied specifically or by necessary implication are taken to be admitted, except as against a person under disability, and the court may still require proof.
- Kailash v. Nanhku, (2005) 4 SCC 480, and SCG Contracts (India) Pvt. Ltd. v. K.S. Chamankar Infrastructure, (2019) 12 SCC 210. The ninety-day limit for a written statement is directory in ordinary suits; the one hundred and twenty day limit in commercial suits is mandatory.
- Order VII Rule 11 with Section 2(2). A defective plaint may be rejected, and the rejection is a deemed decree; there is no corresponding power to reject a written statement.
6. Frequently Asked Questions
What is the difference between a plaint and a written statement?
A plaint is the plaintiff's pleading which institutes the suit and states the cause of action, jurisdictional facts, valuation and relief. A written statement is the defendant's pleading which answers the claim by specific denials and affirmative defences, and may include a set-off or counterclaim. The plaint carries court fee; the written statement does not, unless it raises a set-off or counterclaim.
Are both a plaint and a written statement pleadings?
Yes, and they are the only pleadings the Code recognises. Order VI Rule 1 defines a pleading to mean a plaint or a written statement, so the whole of Order VI, on material facts, particulars, verification, striking out and amendment, applies to both.
Is there a time limit for filing a plaint?
The Code prescribes none. A plaint may be filed at any time, subject only to the law of limitation, whereas a written statement must be filed within thirty days of service, extendable to ninety days, or one hundred and twenty days in a commercial suit.
What happens if a fact is not denied in the written statement?
It is taken to be admitted under Order VIII Rule 5, except as against a person under disability, and the plaintiff is relieved of proving it. The court may nevertheless require any fact so admitted to be proved otherwise than by such admission.
Can a written statement be rejected like a plaint?
No. Order VII Rule 11 provides for the rejection of a plaint only. Where a written statement is not filed at all, Order VIII Rule 10 allows the court to pronounce judgment against the defendant or make such order as it thinks fit, and objectionable matter within it may be struck out under Order VI Rule 16.
7. Related Topics in This CPC Series
- Plaint: Meaning, Essential Particulars and Contents
- Order VIII: Written Statement, Set-Off and Counterclaim
- Pleadings under Order VI: Rules, Verification and Striking Out
- Rejection of Plaint under Order VII Rule 11