Distinguish between plaint and written statement

Plaint and Written Statement: The Two Sides of a Civil Suit

Every civil suit is born out of two documents standing in opposition to each other — the plaint and the written statement. Together they constitute the pleadings as defined under Order VI, Rule 1 of the Code of Civil Procedure. Though both are governed by the same general rules of pleadings under Order VI, they are fundamentally different in character, function, purpose, and legal consequence. To understand one is to understand the other better, for each is defined in relation to its adversary.

The Plaint: The Plaintiff's Voice

The plaint is the foundation document of every civil suit. It is the written statement of the plaintiff's cause of action — the document by which a litigant invokes the jurisdiction of the civil court and sets the machinery of justice in motion. Order VII of the Code governs its contents in detail.

A plaint is not merely a narration of grievances. It is a precise legal document that must contain several mandatory particulars. It must disclose the name of the court, the name, description and place of residence of the plaintiff and defendant, a clear statement of facts constituting the cause of action and when it arose, the facts showing that the court has jurisdiction, the relief claimed, and where the plaintiff seeks relief in respect of several distinct claims or causes of action, they shall be stated separately and distinctly under Order VII, Rule 8. The plaint must also state the value of the subject matter for the purpose of jurisdiction and court fees, and where the suit has been filed after the period of limitation, the grounds of exemption from limitation must be specifically disclosed under Order VII, Rule 6.

The relief claimed must be specifically stated. Under Order VII, Rule 7, every plaint shall state specifically the relief which the plaintiff claims, either simply or in the alternative. The Court may grant general or other relief as it thinks just, even if not specifically asked for — but it can never grant a relief larger than the one claimed. The Supreme Court in Gulabrao Balwantrao Shinde v. Chhabubai Balwantrao Shinde (AIR 2003 SC 160) reiterated the principle firmly: in a suit for partition where the plaintiff claimed only half share, the Court cannot declare him owner of the entire property. A Court cannot make out a new case which has not been pleaded.

The plaint has the additional responsibility of disclosing a cause of action. This is so critical that if a plaint does not disclose a cause of action, or if the suit appears from the plaint to be barred by law, the Court is empowered to reject the plaint under Order VII, Rule 11 at the very threshold, without even requiring the filing of a written statement. The rejection of the plaint, significantly, is deemed to be a decree under Section 2(2) of the Code and is therefore appealable. It has been held consistently that whether a plaint discloses a cause of action must be determined by reading the averments in the plaint as a whole — the written statement or the defence taken by the defendant is wholly irrelevant at this stage.

The Written Statement: The Defendant's Answer

The written statement is the defendant's pleading — it is his formal response to the plaintiff's claim and is governed by Order VIII of the Code. Upon service of summons, the defendant is required under Order V, Rule 1 to file a written statement within thirty days from the date of service, which the Court may extend up to ninety days for reasons to be recorded in writing. In commercial disputes, this outer limit is one hundred and twenty days, and on expiry thereof, the right to file a written statement is forfeited.

The written statement performs a very different function from the plaint. While the plaint attacks, the written statement defends. It must deal specifically with every material allegation of fact in the plaint. Under Order VIII, Rule 3, it is not sufficient for the defendant to merely deny facts in a general manner — he must deal with each specific allegation. Under Order VIII, Rule 5, every allegation of fact in the plaint, if not denied or not admitted with a qualification, shall be taken to be admitted. This is the rule of deemed admission, and it imposes a positive duty on the defendant to respond to each material fact.

Order VIII, Rule 3 further lays down that a defendant must not give an evasive denial — if he wishes to deny an allegation, he must deny it specifically, not by resorting to a general denial or a round-about answer. The Code treats an evasive reply as equivalent to an admission of the fact.

The Duty to Raise New Facts: Order VIII, Rule 2

One of the most significant provisions governing the written statement is Order VIII, Rule 2, which requires the defendant to raise by his written statement all matters showing the suit to be not maintainable, or that the transaction is void or voidable in law. The rule specifically requires him to plead, as early as possible, defences such as fraud, limitation, release, payment, performance, or illegality — defences that, if not raised, would be likely to take the opposite party by surprise or raise issues of fact not arising from the plaint. If the defendant fails to raise such a ground in the written statement, he is generally precluded from raising it for the first time in appeal, for surprise to the plaintiff would then be complete.

Set-Off and Counter-Claim

Unlike the plaint, the written statement has an additional dimension that the plaint does not possess — the defendant can use it not merely to resist the plaintiff's claim but to counter-attack. Under Order VIII, Rule 6, a defendant may plead a set-off — a claim for a sum of money which is legally recoverable from the plaintiff and which does not exceed the pecuniary limits of the court's jurisdiction. A set-off, when properly pleaded, entitles the defendant to a decree in his favour if the amount claimed by way of set-off exceeds the plaintiff's claim. Under the counter-claim provisions inserted by the 1976 Amendment, the defendant can also file a counter-claim against the plaintiff in respect of any right or claim, whether liquidated or unliquidated, that the defendant may have against the plaintiff — thereby converting the written statement into a vehicle of offence. The plaint has no corresponding provision; the plaintiff has no power to set off or counter-claim within the same proceeding — his redress lies only in filing a separate suit.

A Comparative Overview

The Relationship Between the Two

The plaint and the written statement are, in the deepest sense, two halves of the same legal conversation — one presenting the dispute, the other responding to it. The Court, in framing issues under Order XIV, draws upon both documents to identify what is admitted and what remains in genuine controversy. The Supreme Court in Bachhaj Nahar v. Nilima Mandal (AIR 2010 SC 1103) explained that it is the combined reading of the plaint and the written statement that reveals the exact contours of the dispute and determines what evidence will be needed at trial. A plaintiff is bound by his plaint and a defendant by his written statement — neither can ordinarily travel beyond what has been pleaded without seeking an amendment of the respective pleading under Order VI, Rule 17.