Difference between plaint and written statement?
October 13,2023
This article is written by Adv. Simran Acharya and this article focuse on what is plain, and what is written statement? And what is the difference between a plain and written statement?
And this article has been published by Adv. Prakash Chand Sharma.
Table of contents:- 1.What is plaint? 2.What is a written statement? 3.What is the difference between a plaint and a written statement? 4.conclusion. 5.Research and writer. 6.Reference. |
1.Plaint:-
In the case of a plaint, the cause of action consists of two divisions. The first division is the legal theory, which refers to In the case of a plaint, the cause of action consists of two divisions. The first division is the legal theory, which refers to the factual situation based on which the plaintiff claims to have suffered. The second division is the legal remedy that the plaintiff seeks from the court. A plaint is considered an important concept because it is the foremost and initial stage to initiate any lawsuit and helps to find a civil court of appropriate jurisdiction.
Order VII of the Code of Civil Procedure deals particularly with the plaint. In Order VII of CPC, there are many different rules that deal with different constituents of the plaint. Rules 1 to 8 deal with the particulars of the plaint. Rule 9 of CPC deals with how the plaint will be admitted, and after that, Rules 10 to 10-B talk about the return of the plaint and the appearance of parties. The main rules, i.e., 11 to 13, deal with the rejection of the plaint and the circumstances under which the plaint can be rejected.
Section 26 of the Code of Civil Procedure states that every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed. This section clearly shows that the plaint is necessary for the establishment of a suit before the civil or commercial court.the factual situation based on which the plaintiff claims to have suffered. The second division is the legal remedy that the plaintiff seeks from the court. A plaint is considered an important concept because it is the foremost and initial stage to initiate any lawsuit and helps to find a civil court of appropriate jurisdiction.
Order VII of the Code of Civil Procedure deals particularly with the plaint. In Order VII of CPC, there are many different rules that deal with different constituents of the plaint. Rules 1 to 8 deal with the particulars of the plaint. Rule 9 of CPC deals with how the plaint will be admitted, and after that, Rules 10 to 10-B talk about the return of the plaint and the appearance of parties. The main rules, i.e., 11 to 13, deal with the rejection of the plaint and the circumstances under which the plaint can be rejected.
Section 26 of the Code of Civil Procedure states that every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed. This section clearly shows that the plaint is necessary for the establishment of a suit before the civil or commercial court.
2. written statement:-
The term "Written Statement" has not been defined in the Code of Civil Procedure. It is a term that ordinarily signifies a reply to the plaint filed by the plaintiff. In other words, it is the pleading of the defendant wherein he deals with the material facts alleged by the plaintiff in his plaint and also states any new fact in his favor or takes legal objections against the claim of the plaintiff. A written statement may be filed by the defendant or by his duly authorized agent. In the case of more than one defendant, the common written statement filed by them must be signed by all of them. However, it is sufficient if it is verified by one of them.
3. Difference between plaint and written statement:-
4. Conclusion:-
This article aims to provide an understanding of the meaning of plaint and written statement, as well as the difference between the two. The plaint contains various details, such as the name of the court, the name, place, and description of the plaintiff's and defendant's residence, and a statement of unsoundness of mind, cause of action, relief, claims on the other side. On the other hand, a written statement contains all the material and other objections that the defendant might place before the court to admit or deny the plaintiff's claim. It is important to note that Order 7 of the Code of Civil Procedure deals with the plaint, while Order 8 deals with the written statement.
5. Researcher and Writers:-
Intellectual Property Owner:-Techalam Legal Solution LLP*,
Author & Writer:- Simran Acharya*(B.Com, LLB, LLM, Adv.), Adv. Naya Jain **(LLB, ADV)
Researcher & Scientific Work:- Prakash Chand Sharma***
Technology & Intelligence Director:- Devendra Choudhary******
Founders, Designated Partners & Associate of Zumosun Group
Mobile:- +91 9116098980/9119112929 email:- thelegalbank@gmail.com
6. Reference:-
Rule 7, 8, 9, 10, 11, 12 | Plaint | Order 7 CPC 1908
India Code: Code of Civil Procedure, 1908
India Code: Code of Civil Procedure, 1908
