Code of Civil Procedure, 1908 (CPC)
Plaint and Written Statement Distinguished
The two pleadings that frame a civil suit answer different questions. The plaint, governed by Order VII of the Code of Civil Procedure, 1908, states the plaintiff's case and asks for relief. The written statement, governed by Order VIII, answers it, and may go further and attack back by way of set-off or counterclaim. Both are subject to the common discipline of Order VI. These notes compare their contents, their timelines, the consequences of default in each, and what only a written statement can do.
The two pleadings facing each other, requirement by requirement
1. The Plaint: Order VII
§ Order VII Rule 1: particulars to be contained in a plaint (a) the name of the Court in which the suit is brought; (b) the name, description and place of residence of the plaintiff; (c) the same for the defendant, so far as they can be ascertained; (d) where the plaintiff or defendant is a minor or person of unsound mind, a statement to that effect; (e) the facts constituting the cause of action, and when it arose; (f) the facts showing that the Court has jurisdiction; (g) the relief which the plaintiff claims; (h) where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed or relinquished; (i) a statement of the value of the subject matter for the purposes of jurisdiction and of court fees, so far as the case admits. |
i. Rules 2 and 3: where the claim is for money, the precise amount must be stated; where it relates to immovable property, the property must be described sufficiently to identify it.
ii. Rules 4 and 5: where the plaintiff sues in a representative character, he must show that he has an actual existing interest and has taken the steps necessary to enable him to institute the suit.
iii. Rules 6 and 7: where the suit is instituted after the limitation period, the ground of exemption must be shown; and the plaint must state specifically the relief claimed, though general or other relief may always be given.
iv. Rules 14 to 18: documents on which the plaintiff sues must be produced with the plaint, and a document not produced when it should have been shall not be received in evidence without the leave of the court.
2. The Written Statement: Order VIII
§ The duty of denial: Order VIII Rules 3 to 5 Rule 3. It shall not be sufficient for a defendant in his written statement to deny generally the grounds alleged by the plaintiff; the defendant must deal specifically with each allegation of fact of which he does not admit the truth, except damages. Rule 4. Where a defendant denies an allegation, he must not do so evasively, but must answer the point of substance. Rule 5. Every allegation of fact in the plaint, if not denied specifically or by necessary implication, or stated to be not admitted in the pleading of the defendant, shall be taken to be admitted, except as against a person under disability. But the Court may in its discretion require any fact so admitted to be proved otherwise than by such admission. |
§ Three further requirements • Rule 1: the time. The written statement is to be presented within thirty days from the date of service of summons, extendable by the court for reasons recorded to a date not later than ninety days. In a commercial suit of a Specified Value, the outer limit is 120 days, after which the right is forfeited. • Rule 2: what must be raised. The defendant must raise by his pleading all matters showing the suit not to be maintainable, or that the transaction is void or voidable, and all such grounds of defence as, if not raised, would be likely to take the opposite party by surprise or raise issues of fact not arising out of the plaint, such as fraud, limitation, release, payment, performance or illegality. • Rule 10: the consequence of failure. Where a party fails to present his written statement within the time permitted, the Court shall pronounce judgment against him, or make such order in relation to the suit as it thinks fit, and a decree shall be drawn up accordingly. |
3. What Only a Written Statement Can Do
Provision | What it permits | Effect |
|---|---|---|
Order VIII Rule 6: set-off | A defendant in a suit for the recovery of money may claim a set-off of an ascertained sum of money legally recoverable by him from the plaintiff, not exceeding the pecuniary limits of the court's jurisdiction, where both parties fill the same character as in the plaintiff's suit | The written statement has the same effect as a plaint in a cross-suit, so the court may pronounce a final judgment both on the claim and on the set-off |
Order VIII Rule 6A: counterclaim | A defendant may set up, by way of counterclaim, any right or claim in respect of a cause of action accruing to him against the plaintiff, before or after the filing of the suit but before the defence is delivered or the time for it has expired | It has the effect of a cross-suit and the court may pronounce a final judgment both on the original claim and on the counterclaim |
Order VIII Rules 6B to 6G | The counterclaim must be stated specifically; the plaintiff may file a written statement in answer; and the counterclaim is treated as a plaint and governed by the rules applicable to plaints | It survives even if the suit is stayed, discontinued or dismissed |
4. The Two Compared
Basis | Plaint, Order VII | Written statement, Order VIII |
|---|---|---|
Whose pleading | The plaintiff's | The defendant's |
Function | States the case and claims relief | Answers the case, and may attack back |
Essential contents | Rule 1: parties, cause of action and when it arose, jurisdiction, relief, valuation | Rules 2 to 5: specific denial of each allegation, and all grounds of defence |
Time | No period, subject only to the Limitation Act | Thirty days from service, extendable to ninety; 120 days as an outer limit in a commercial suit |
Effect of a defect | Rule 10: returned; Rule 11: rejected, which is a deemed decree | Rule 10: the court may pronounce judgment against the defendant |
Effect of silence | Not applicable | Rule 5: an allegation not specifically denied is taken to be admitted |
Documents | Rules 14 to 18: documents sued on to be produced with the plaint | Rule 1A: documents relied on to be produced with the written statement |
Additional weapons | None; the whole claim must be in the plaint by Order II Rule 2 | Rules 6 and 6A: set-off and counterclaim, each with the effect of a cross-suit |
5. The Common Discipline: Order VI
§ Rules that govern both pleadings Rule 2: every pleading shall contain a statement in a concise form of the material facts on which the party relies, but not the evidence by which they are to be proved. Rule 4: particulars must be given where misrepresentation, fraud, breach of trust, wilful default or undue influence is pleaded. Rule 15: every pleading shall be verified at the foot by the party or a person acquainted with the facts, stating with reference to the numbered paragraphs what is true to knowledge and what on information and belief; and sub-rule (4) with Section 26(2) requires a supporting affidavit. Rule 17: the court may allow either party to alter or amend his pleadings, and all such amendments shall be made as may be necessary to determine the real questions in controversy, subject to the due diligence proviso. Order VI Rule 15A, in a commercial suit, replaces the ordinary verification with a statement of truth. |
6. Landmark Points
- Order VII Rule 1. The plaint must state the parties, the facts constituting the cause of action and when it arose, the facts showing jurisdiction, the relief claimed and the valuation.
- Order VIII Rules 3 to 5. The defendant must deny specifically and not evasively, and an allegation not denied specifically or by necessary implication is taken to be admitted.
- Order VIII Rule 1. Thirty days from service, extendable to ninety for reasons recorded; 120 days as a hard limit in a commercial suit.
- Order VIII Rule 10. On failure to file a written statement, the court may pronounce judgment against the defendant.
- Order VIII Rules 6 and 6A. Set-off and counterclaim, each having the effect of a cross-suit, so that a final judgment may be given on both.
- Order VI Rule 2. Both pleadings state material facts, not evidence; and both are verified under Rule 15 with an affidavit under Section 26(2).
7. Frequently Asked Questions
What must a plaint contain?
Under Order VII Rule 1: the court, the parties and their descriptions, a statement where either is under disability, the facts constituting the cause of action and when it arose, the facts showing jurisdiction, the relief claimed, any set-off allowed or portion relinquished, and the valuation.
What must a written statement contain?
A specific denial of each allegation of fact the defendant does not admit, not made evasively, and all grounds of defence, including any matter showing the suit not to be maintainable or which would otherwise take the plaintiff by surprise, such as fraud, limitation, release or payment.
What happens if an allegation is not denied?
Under Order VIII Rule 5 it is taken to be admitted, except as against a person under disability. The court may nevertheless in its discretion require any fact so admitted to be proved otherwise than by that admission.
What is the time limit for filing a written statement?
Thirty days from the date of service of summons, which the court may extend for reasons recorded to a date not later than ninety days. In a commercial suit of a Specified Value the outer limit is 120 days, after which the right to file is forfeited.
What happens if no written statement is filed?
Under Order VIII Rule 10 the court shall pronounce judgment against the defendant, or make such order in relation to the suit as it thinks fit, and a decree is drawn up accordingly.
What is the difference between a set-off and a counterclaim?
A set-off under Rule 6 is confined to an ascertained sum of money legally recoverable by the defendant from the plaintiff in a suit for the recovery of money, both parties filling the same character. A counterclaim under Rule 6A may be any right or claim against the plaintiff, and need not be for a money sum.
Can a counterclaim survive the dismissal of the suit?
Yes. A counterclaim has the effect of a cross-suit, and under Order VIII Rule 6D, if the plaintiff's suit is stayed, discontinued or dismissed, the counterclaim may nevertheless be proceeded with.
8. Related Topics in This CPC Series
- Order VII: The Plaint, Return and Rejection
- Order VIII: The Written Statement, Set-off and Counterclaim
- Pleadings under Order VI: Verification and Amendment
- Order II: Frame of Suit and the Bar under Order II Rule 2