Few people are aware of the uses of written statements, cases, plaints in our legal system, which is modeled after that of the United States. The CPC, 1908 covers plaint and written statement in Orders VII and VIII, respectively.
The Civil Procedure Code, known as the CPC, is a procedural law that specifies the process for civil proceedings. In other words, it specifies how, when, when, and how an affronted party may file a lawsuit in a court of law in the event that their civil rights are violated.
The plaint is filed at the beginning of every case. The plaintiff is the person who submits a plaint. A plaint is a sort of petition that contains specific accusations against the defendant, such as that the defendant has interfered with the plaintiff’s rights. On the other hand, whether or whether the plaintiff’s accusations are accurate, the defendant submits a written statement to the court.
Plaint: About
- A plaint is a formal document filed in front of a civil court by a plaintiff who has sufficient jurisdiction. It is the plaintiff’s pleading and the initial action done to institute a lawsuit in the court.
- A plaint lays out the fundamental elements of civil litigation, which includes the plaintiff’s claim. It presents the plaintiff’s complaints as well as their potential legal claims that may result from the lawsuit. Although it isn’t specified in the CPC, Order VII of the CPC lays it out.
Written Statement: About
- A written statement is nothing more than the defendant’s response to the plaintiff’s plaint. In his pleading, the defendant addresses the significant facts raised by the plaintiff in his plaint, clarifies any new information that supports his position, and addresses any legal challenges to the plaintiff’s claims in the plaint. The defendant has the option to refute the claims stated against him in the plaint in writing. In addition, he may use, as a counter-defense, the right to deduct whatever amounts of money that the plaintiff owes him (Order 8 Rule 6).
- However, in addition to his written statement, the defendant may independently submit a counterclaim if he has any claims against the plaintiff over any of the issues raised in the plaint.
Admittance of Plaint: Procedure
- In the event that the defendant receives a summons from the court, the plaintiff has seven days to produce as many copies of the complaint as there are defendants. Along with the required fees for issuing these summonses, the plaintiff must also pay them. According to Rule 11(f) as well, failure to comply with Rule 9’s requirements may result in the complaint being denied.
Admittance of Written Statement: Procedure
- Order VIII Rule 1 states that the defendant has thirty days from the date of the summons to file a written declaration. Order VIII Rule 1 has a proviso that was inserted in 2002 as a result of an amendment. It stipulates that if the defendant does not provide a written statement within 30 days of receiving the summons, they have 90 days from the day the summons was served to file the statement.
plaint and written statement difference
The difference between plaint and written statement is as follows:
| PLAINT | WRITTEN STATEMENT |
| A “Plaint” claim made by the plaintiff is backed by a legal document that specifies the cause of action and other necessary information. | A “written statement” is a defense that includes all relevant information and specifics in opposition to the plaint. |
| The CPC’s Order VII addresses the plaint. | The CPC’s Order VIII addresses written statements. |
| The plaintiff files the plaint, outlining the facts and the relief they want to pursue. | The defendant files the written statement in response to the plaintiff’s allegations. |
| The plaint usually includes the name of the court, the residences of the plaintiff and defendant, their address, a declaration of insanity, the cause of action, the relief sought, and other information. | The written statement usually includes all supporting documentation and other arguments the defendant can raise in order to get the plaintiff’s claim admitted or rejected by the judge. |
| The filing of a plaint is the initial step towards the establishment of a civil lawsuit. | Within 30 days of receiving a copy of the plaint, a written statement must be submitted (extended to 90 days) |
The formal beginning of a lawsuit is represented by the “Plaint,” which includes all the elements required to formulate the claim and the requested remedy. Subject to certain deadlines and court discretion, the defendant’s answer is known as the “Written Statement,” and it is essential for confirming or refuting the facts stated in the plaintiff’s complaint.
Finally, we can state that since property, family, and personal disputes have become more common in today’s world, it is important for lawyers to understand how to file a lawsuit or present claims in court. As a result, one needs to be familiar with terminologies such as plaint and written statement under cpc.
