PLAINT & WRITTEN STATEMENT | ORDER 7 CPC

Описание: Plaint
The plaint is the formal written complaint or statement filed by the plaintiff (the party initiating the lawsuit) to start a civil case.
It outlines the facts of the case, the relief or remedy sought, and the basis of the plaintiff's claim.
Essential components of a plaint include:
The name of the court and parties involved.
Description of the cause of action.
Facts supporting the plaintiff's case.
Specific relief being claimed (e.g., damages, injunction).
Verification, where the plaintiff affirms the truth of the facts.
The plaint must be drafted per CPC guidelines (Order VII), and it must clearly articulate the plaintiff’s legal rights and claims.
2. Written Statement
The written statement is the formal response submitted by the defendant in reply to the plaintiff's plaint.
It provides the defendant’s side of the story, accepting, denying, or disputing the claims made by the plaintiff.
In the written statement, the defendant may:
Admit or deny each allegation in the plaint.
Present additional facts in defense (known as "new facts").
Raise preliminary objections, such as lack of jurisdiction or incorrect parties.
It must be filed within 30 days from the date of receiving the summons, with possible extensions under certain conditions.
The defendant may also include a set-off (claiming an amount owed by the plaintiff) or file a counter-claim.
Together, the plaint and written statement form the basis of the case, setting the stage for issues to be framed, evidence to be examined, and arguments to be made.