Plaint and Written Statement
/pleɪnt ænd ˈrɪtən ˈsteɪtmənt/
Civil Procedure Term
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Definition
A plaint is the pleading filed by the plaintiff to initiate a civil suit — it must state the facts constituting the cause of action, the relief claimed, and the court's jurisdiction. A written statement is the defendant's pleading in response — denying or admitting the plaintiff's claims and raising any counterclaims or defences. Governed by Orders VI, VII, and VIII of the Code of Civil Procedure, 1908.
Examples
Case Study
In Balraj Tanwar v. Omvati (1992), the Supreme Court held that once a plaint is rejected under Order VII Rule 11 CPC (for not disclosing a cause of action), the entire suit is dismissed — but the plaintiff may file a fresh suit if within limitation, as rejection is not a decision on the merits. Courts must carefully scrutinise the plaint as a whole before rejecting it.
Key Cases
Sopan Sukhdeo Sable v. Assistant Charity Commissioner
2004(2004) 3 SCC 137
Courts must read the plaint as a whole and charitably before rejecting under Order VII Rule 11. Rejection of plaint is not a decision on merits — a fresh suit (if within limitation) is maintainable.
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