📖 Book 7 - Chapter 43

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PLAINT AND WRITTEN STATEMENT

QUESTION BANK

1. Explain “Plaint”, “Return of Plaint”, and “Rejection of Plaint”.

2. Explain “written statement’, “set-off’ and “Counterclaim”.

3. What is meant by a ‘plant’? What are the contents of the plaint?

4. Under what circumstances can a plaint be rejected?

5. What is meant by ‘written statement’? Explain the contents of a written statement.

SHORT NOTES

1. Counter-claim

2. Set-off.

3. Plaint.

4. Written statement.

5. Cause of action.

6. Rejection of plaint.

SYNOPSIS

PART A: THE PLAINT [ORDER VII]

II. MANDATORY CONTENTS OF A PLAINT [RULES 1 TO 8]    

1. The Forum:

2. Plaintiff’s Identity:

3. Defendant’s Identity:

4. Disability Status:

5. Cause of Action:

6. Jurisdictional Facts:

7. Valuation and Court Fees:

8. The Prayer Clause (Relief Claimed):

Special Discursive Particulars [Rules 2 to 6]    

1. Relinquishment or Set-Off [Rule 1(i)]:

2. Precise Money Claims [Rule 2]:

3. Unascertained Claims [Rule 2, Latter Part]:

4. Immovable Property Identification [Rule 3]:

5. Representative Capacity [Rule 4]:

6. Limitation Exemption [Rule 6]:

1. The Doctrine of "Cause of Action"    

2. Formulation of the Relief Clause [Rule 7 & 8]

a. Alternative Claims:

b. Implied Reliefs:

c. The Rule of Limitation on Relief:

d. Distinct Grounds [Rule 8]:

IV. ADMISSION, RETURN, AND REJECTION OF THE PLAINT

1. Admission of the Plaint [Rule 9]    

2. Return of the Plaint [Rule 10, 10A, and 10B]

a. The Rule:

b. The Option of the Plaintiff (Rule 10A):

c. Appellate Power [Rule 10B]:

d. The Rule of De Novo Trial:

3. Rejection of the Plaint [Rules 11 and 13]    

Status of Rejection [Rule 13]:     

V. PRODUCTION OF DOCUMENTS BY PLAINTIFF [RULES 14 TO 17]

1. Mandatory Disclosure [Rule 14]:

2. Penalty for Non-Production:

3. Statutory Exceptions [Rule 14(4)]:

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VI. MODEL FORM OF A PLAINT

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PART B: THE WRITTEN STATEMENT [ORDER VIII]

I. MEANING AND SCOPE    

II. PROCEDURAL RULES GOVERNING THE WRITTEN STATEMENT

1. The Mandatory Timeline [Rule 1]    

a. Discretionary Extension:

b. The Commercial Dispute Rule:

2. Production of Reliance Documents [Rule 1A]

3. Mandatory Special Pleadings [Rule 2]    

4. Rules of Specific and Non-Evasive Denial [Rules 3, 4, & 5]

a. Specific Denial Required [Rule 3]:

b. No Evasive Denials [Rule 4]:

c. Admission by Failure to Deny [Rule 5]:

5. Defense on Distinct Grounds [Rule 7]:

6. Subsequent and Default Rule [Rules 9 & 10]

a. Subsequent Pleadings [Rule 9]:

b. Failure to File [Rule 10]:

III. Form of Written Statement-

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APPENDIX 1: THE LAW OF SET-OFF [ORDER VIII, RULE 6]

I. STATUTORY MEANING    

IV. THE EQUITABLE SET-OFF    

a. Nature of the Amount Claimed

b. Transaction Basis

c. Claim as a Right

d. Limitation Period

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APPENDIX 2: THE LAW OF COUNTER-CLAIM [RULES 6A TO 6G]

I. MEANING AND NATURE    

II. IMPORTANT RULES REGULATING THE COUNTER-CLAIM

1. Pecuniary Limit [Rule 6A]:

2. Exclusion of Counter-claim [Rule 6C]:

3. Survival of Claim [Rule 6D]:

4. Default Judgment [Rule 6E]:

III. STRUCTURAL DISTINCTION: SET-OFF VS. COUNTER-CLAIM

1. Scope of the Suit

2. Transactional Connection    

3. Procedural Character    

4. Monetary Limits    

5. Law of Limitation    

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PART A: THE PLAINT [ORDER VII]

    Every civil suit is initiated by the presentation of a plaint to a competent court of the lowest grade. The plaint is the foundational document of the litigation, representing the formal pleading of the plaintiff. Although the Code does not explicitly define the word ‘Plaint’, in procedural law, it signifies a written statement of claim by which a civil action is instituted. The statutory machinery regulating the essentials, admission, return, and rejection of a plaint is codified under Order VII, Rules 1 to 18 of the CPC.

II. MANDATORY CONTENTS OF A PLAINT [RULES 1 TO 8]

    Under Order VII, Rule 1, every plaint must explicitly state the following foundational particulars:

1. The Forum: The name of the specific Court in which the civil suit is being brought.

2. Plaintiff’s Identity: The full name, description (age, occupation), and place of residence of the plaintiff.

3. Defendant’s Identity: The name, description, and place of residence of the defendant, so far as they can be ascertained by ordinary diligence.

4. Disability Status: Where the plaintiff or the defendant is a minor or a person of unsound mind, a clear and explicit statement to that effect, necessitating the appointment of a next friend or guardian ad litem.

5. Cause of Action: The essential facts constituting the cause of action, along with the precise date on which it arose.

6. Jurisdictional Facts: The specific facts demonstrating that the court possesses the territorial, pecuniary, and subject-matter jurisdiction to try the dispute.

7. Valuation and Court Fees: A clear statement of the value of the subject matter of the suit for the dual purposes of determining pecuniary jurisdiction and calculating the requisite ad valorem court fees.

8. The Prayer Clause (Relief Claimed): The specific relief or remedy that the plaintiff claims from the court, whether simply or in the alternative.

Special Discursive Particulars [Rules 2 to 6]

    In specialized civil actions, additional information must be incorporated into the plaint:

1. Relinquishment or Set-Off [Rule 1(i)]: Where a plaintiff has explicitly allowed a set-off or voluntarily relinquished a portion of their claim under Order II, Rule 2, the exact amount so allowed or abandoned must be stated.

2. Precise Money Claims [Rule 2]: Where the suit seeks the recovery of money, the exact and precise amount claimed must be stated.

3. Unascertained Claims [Rule 2, Latter Part]: Where the suit is for mesne profits, accounts, or movable property in the wrongful possession of the defendant, or for a debt whose exact value cannot be determined initially, the plaintiff must state the approximate amount or value.

4. Immovable Property Identification [Rule 3]: Where the subject matter is immovable property, the plaint must contain a description sufficient to identify it, such as physical boundaries, official survey numbers, plot dimensions, and registration details.

5. Representative Capacity [Rule 4]: Where the plaintiff sues in a representative character (under Order I, Rule 8), the plaint must show that they have an actual, existing interest in the subject matter and have fulfilled all necessary statutory steps to initiate the action.

6. Limitation Exemption [Rule 6]: Where a suit is instituted after the expiration of the standard prescribed limitation period, the plaint must specifically plead the explicit legal ground or exception upon which the exemption from the Limitation Act, 1963 is claimed.

1. The Doctrine of "Cause of Action"

    The presence of a valid cause of action is an absolute prerequisite; without it, a plaint cannot stand. While the Code does not define the phrase, the benchmark judicial formula was established in Cooke v. Gill (1873). It is universally understood to mean "a bundle of essential facts which it is necessary for the plaintiff to prove before he can succeed." Under Order VII, Rule 1(e), the plaintiff must specify when the cause of action arose. This enables the court to verify whether the claim is maintainable or barred by limitation.

2. Formulation of the Relief Clause [Rule 7 & 8]

a. Alternative Claims: The plaintiff must explicitly state the relief sought. They can claim multiple alternative reliefs based on the same transaction (e.g., praying for the specific performance of a land contract, or alternatively, claiming compensation for its breach). This rule applies equally to defendants when they frame the prayer clause for their set-off or counter-claim.

b. Implied Reliefs: It is technically unnecessary to add boilerplate prayers for general reliefs (such as "such other reliefs as the equity of the case requires") or costs of the suit, as the court possesses the inherent power to grant them under Jankirama Iyer v. Nilakant Iyer (AIR 1962 SC 633).

c. The Rule of Limitation on Relief: A civil court cannot grant a larger or completely different relief to a plaintiff than what is claimed in the plaint, unless the plaintiff formally amends their pleadings with the leave of the court.

d. Distinct Grounds [Rule 8]: Where the plaintiff seeks relief upon several separate and distinct claims founded on independent grounds, those grounds must be stated separately and distinctly.

IV. ADMISSION, RETURN, AND REJECTION OF THE PLAINT

1. Admission of the Plaint [Rule 9]

    When a plaint satisfies all initial structural checks, the court orders its formal entry onto the register of civil suits. Under Rule 9, the plaintiff must submit the required number of plain copies of the plaint (one for each defendant) and pay the prescribed court fees within the time fixed by the court to facilitate the service of summons.

2. Return of the Plaint [Rule 10, 10A, and 10B]

a. The Rule: Rule 10 mandates that the plaint shall at any stage of the suit be returned to the plaintiff to be presented to the appropriate Court in which the suit ought to have been instituted. This occurs when the initial court discovers it lacks territorial, pecuniary, or subject-matter jurisdiction.

b. The Option of the Plaintiff (Rule 10A): If the court decides the plaint should be returned, it must intimate the plaintiff first. The plaintiff can then file an application praying that the court fix a date for the parties to appear in the correct court, avoiding the delay of formal service of fresh summons by the new court.

c. Appellate Power [Rule 10B]: This power can be exercised not just by the trial court, but also by an appellate or revisional court after setting aside an improper decree.

d. The Rule of De Novo Trial: When a plaint is returned from a wrong court and represented before the proper court, it is not a continuation of the old suit. The original suit dies, and the proceedings must commence de novo (freshly) from the date of presentation before the correct forum.

3. Rejection of the Plaint [Rules 11 and 13]

    Rule 11 is a mandatory provision requiring the court to dismiss a plaint at the outset under any of the following circumstances:

a. Where the text does not disclose a clear cause of action.

b. Where the relief claimed is undervalued, and the plaintiff fails to correct the valuation within the timeline fixed by the court.

c. Where the relief is correctly valued, but the plaint is written on insufficiently stamped paper, and the plaintiff fails to supply the requisite stamp paper within the court's deadline.

d. Where the suit appears directly from statements inside the plaint to be barred by any law (e.g., barred by the Limitation Act or the principle of Res Judicata).

e. Where the plaint is not filed in duplicate.

f. Where the plaintiff fails to comply with the statutory requirements of Rule 9 regarding the service of copies.

g. The "Suits Against Government" Bar (Section 80): If a suit is filed against the Government or a public officer without serving the mandatory 2-month prior notice under Section 80 CPC (and no leave for urgent relief is taken under Sec 80(2)), the plaint is rejected under Rule 11(d) as "barred by law."

h. Pre-Institution Mediation Bar (Commercial Suits): Under Section 12A of the Commercial Courts Act, 2015, if a commercial suit does not seek urgent interim relief, pre-institution mediation is mandatory. If skipped, the plaint is rejected under Rule 11(d) (Patil Automation Pvt. Ltd. v. Rakheja Engineers Pvt. Ltd.).

i. The Rule of Whole Rejection: A plaint cannot be rejected in part and accepted in part. It is an all-or-nothing rule (Madhav Prasad Aggarwal v. Axis Bank). If it fails Rule 11 criteria for even one defendant or one relief, the entire plaint goes.

Status of Rejection [Rule 13]:

    The rejection of a plaint under Rule 11 is a "deemed decree" under Section 2(2). However, Rule 13 explicitly clarifies that such a rejection does not preclude the plaintiff from filing a fresh plaint on the same cause of action, provided they rectify the underlying technical or financial defects.

V. PRODUCTION OF DOCUMENTS BY PLAINTIFF [RULES 14 TO 17]

1. Mandatory Disclosure [Rule 14]: The plaintiff must enter all documents they rely upon as evidence in a structured list, and produce them in court along with the plaint. If a material document is not in their personal possession, they must state in the list whose custody it is in.

2. Penalty for Non-Production: Any document that ought to be produced when the plaint is filed, but is omitted, cannot be admitted in evidence during the later stages of the trial without the explicit leave of the court.

3. Statutory Exceptions [Rule 14(4)]: This strict rule of exclusion does not apply to:

a. Documents reserved exclusively for the cross-examination of the defendant's witnesses.

b. Documents handed over to a witness merely to refresh their memory under the Indian Evidence Act.

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VI. MODEL FORM OF A PLAINT

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PART B: THE WRITTEN STATEMENT [ORDER VIII]

I. MEANING AND SCOPE

    The Written Statement constitutes the defensive pleading filed by the defendant in response to the plaintiff’s plaint. It is the legal shield of the defense, wherein the defendant must systematically answer every material allegation of fact made in the plaint, present new affirmative facts in their own favor, and raise statutory or structural legal objections to defeat the plaintiff’s claims.

II. PROCEDURAL RULES GOVERNING THE WRITTEN STATEMENT

1. The Mandatory Timeline [Rule 1]

    The defendant must present their written statement within 30 days from the date of service of the summons.

a. Discretionary Extension: The court can extend this period for exceptional reasons, but it cannot exceed a total of 90 days from the date of service of the summons.

b. The Commercial Dispute Rule: Under the Commercial Courts Act, 2015, this timeline is strictly capped at a maximum of 120 days, after which the defendant completely forfeits their right to file a defense.

In Salem Advocate Bar Association v. Union of India (AIR 2005 SC 3353), the Supreme Court held that for non-commercial civil suits, the 90-day cap is directory, not mandatory, meaning courts can extend it in extraordinarily rare circumstances under inherent powers. However, for commercial suits, the 120-day limit is absolute and cannot be extended even by one day (SCG Contracts (India) Pvt. Ltd. v. K.S. Chamankar Infrastructure (AIR 2019 SC 2691).

2. Production of Reliance Documents [Rule 1A]

The defendant is required to list and produce all documents supporting their defense or counter-claim along with the written statement.

    Omitted documents cannot be introduced as evidence later during the trial without the court’s leave.

    This rule does not apply to documents used in the cross-examination of the plaintiff's witnesses or those handed to a witness to refresh their memory.

3. Mandatory Special Pleadings [Rule 2]

    The defendant must explicitly raise all matters that show the suit is not maintainable, or that the underlying transaction is void or voidable in law. They must specifically plead defenses like fraud, limitation, payment, release, performance, or facts showing illegality; otherwise, these arguments are barred at trial to prevent taking the plaintiff by surprise.

4. Rules of Specific and Non-Evasive Denial [Rules 3, 4, & 5]

a. Specific Denial Required [Rule 3]: General or blanket denials are not permitted. The defendant must deal specifically with each allegation of fact in the plaint.

        Rule 3A (Commercial Disputes amendment): In commercial suits, a mere denial is not enough. The defendant must state why an allegation is denied, what they assert to be the true facts, and provide verification for that denial. If they fail to do this, the fact is conclusively deemed to be admitted.

b. No Evasive Denials [Rule 4]: Denials must be clear and explicit. For example, if a plaint alleges that the defendant received a specific sum of money, it is insufficient for the defendant to merely deny receiving that exact sum; they must state how much they received or deny receiving any part of it altogether.

c. Admission by Failure to Deny [Rule 5]: Any material allegation of fact in the plaint that is not denied specifically or stated to be "not admitted" in the written statement is legally deemed to be admitted by the defendant, except when applied against a person with a legal disability.

5. Defense on Distinct Grounds [Rule 7]: Where the defendant bases their defense upon several distinct grounds founded upon separate and distinct facts, or separate set-offs or counter-claims, they must be stated separately and distinctly.

6. Subsequent and Default Rule [Rules 9 & 10]

a. Subsequent Pleadings [Rule 9]: No pleading subsequent to the written statement (such as a replication or rejoinder) can be filed, except as a defense to a set-off or counter-claim, without the explicit permission and terms of the court.

b. Failure to File [Rule 10]: If a defendant fails to file their written statement within the permitted timeline, the court is empowered to pronounce judgment against them or pass any other appropriate order. A formal decree is then drawn up on the basis of that order.

        The Supreme Court in M. Venkataramana Mani v. Sanjeev Rajan [(2020) 19 SCC 766] clarified that the court must still satisfy itself that the facts in the plaint are prima facie proved before pronouncing judgment under Rule 10.

III. Form of Written Statement-

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APPENDIX 1: THE LAW OF SET-OFF [ORDER VIII, RULE 6]

I. STATUTORY MEANING

    A Set-off is a statutory cross-claim for money pleaded by a defendant against the plaintiff's demand within a money recovery suit. It acts as a defense that allows the defendant to wipe out or reduce their liability to the plaintiff.

    Under Order VIII, Rule 6(1), a defendant can claim a legal set-off only if the following conditions are met:

a. The suit must be for the recovery of money.

b. The claim must be for an ascertained sum of money (a precise, fixed amount).

c. The sum must be legally recoverable (it cannot be barred by limitation or outside public policy).

d. The amount must not exceed the pecuniary jurisdiction of the trial court.

e. Both parties must fill the same character/legal capacity in the cross-claim as they do in the plaintiff's suit.

f. The claim must be presented at the first hearing of the suit, unless permitted later by the court.

Illustrations:

i. Different Capacities: If 'A' dies and leaves a legacy of ₹2,000 to 'B', appointing 'C' as the executor, and 'B' later dies, 'D' takes out administration to 'B’s estate. 'C' pays ₹1,000 as a personal surety for 'D'. If 'D' sues 'C' for the recovery of the legacy, 'C' cannot set off the ₹1,000 debt against the legacy. The parties fill different legal characters in the two claims (one is an estate claim, the other is personal).

ii. Unascertained Damages: 'A' sues 'B' on a bill of exchange. 'B' claims that 'A' wrongfully neglected to insure 'B’s transit goods and is liable to him for breach of contract damages, which he seeks to set off. This claim cannot be a legal set-off because the exact amount of damages is unascertained.

iii. Valid Set-off: 'A' sues 'B' on a bill of exchange for ₹500. 'B' already holds a valid court judgment against 'A' for ₹1,000. Both claims are definite, liquidated pecuniary demands and can be legally set off.

    When a defendant pleads a set-off, the written statement takes on the character of a plaint regarding the set-off amount. The court tries both actions together as a combined suit, and the plaintiff is required to file a formal written statement responding to the set-off claim.

IV. THE EQUITABLE SET-OFF

    While Rule 6 deals strictly with legal set-off, Indian courts apply the common law concept of Equitable Set-off.

    Unascertained Sums: Under this doctrine, a defendant can claim a set-off even for an unascertained sum of money, provided both demands arise out of the exact same transaction or are so closely connected that they form parts of a single interaction.

    Examples: If a servant sues a master for recovery of unpaid salary worth ₹10,000, the master can claim an equitable set-off of ₹2,000 for the value of an antique article that the servant damaged through gross negligence. Similarly, a builder's claim for work done can be met with an equitable set-off for damages caused by their delay or breach of contract.

    The distinction between Legal Set-Off and Equitable Set-Off, structured in paragraphs and sub-paragraphs based on your provided features.

a. Nature of the Amount Claimed

In a legal set-off, the cross-claim must be for a precise, ascertained sum of money. The amount must be specific, certain, and already determined at the time the claim is made, leaving no room for judicial valuation.

Equitable Set-Off (Judicial Equity)

Conversely, an equitable set-off can be allowed for an unascertained sum or unliquidated damages. The court has the authority to evaluate and determine the appropriate financial value of the cross-claim during the proceedings.

b. Transaction Basis

A legal set-off does not require the cross-claim to be linked to the plaintiff's original claim. It can arise from completely independent transactions, provided both parties owe each other distinct, legally enforceable debts.

Equitable Set-Off (Judicial Equity)

An equitable set-off must emerge strictly from the same transaction that forms the basis of the plaintiff's suit. The cross-demands must be so interconnected that it would be unfair to resolve the plaintiff's claim without considering the defendant's counter-claim.

c. Claim as a Right

A defendant can claim a legal set-off as a matter of right. If all statutory conditions under Order VIII, Rule 6 are met, the court is legally bound to entertain, adjudicate, and pass a decree regarding the set-off amount.

Equitable Set-Off (Judicial Equity)

An equitable set-off is entirely discretionary and cannot be demanded as a matter of right. The court grants it strictly on a case-by-case basis to secure equity, justice, and good conscience, preventing a miscarriage of justice.

d. Limitation Period

For a legal set-off to be maintainable, the amount claimed by the defendant must be legally recoverable and within the prescribed limitation period at the exact date the plaintiff's suit is instituted.

Equitable Set-Off (Judicial Equity)

An equitable set-off offers more flexibility regarding time constraints. Even a time-barred claim may be allowed by the court, particularly if there exists a fiduciary relationship between the parties or if the cross-claims are inextricably bound together.

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APPENDIX 2: THE LAW OF COUNTER-CLAIM [RULES 6A TO 6G]

I. MEANING AND NATURE

    A Counter-claim is a cross-suit filed by a defendant against the plaintiff. A counter-claim must be directed against the plaintiff. A defendant cannot file a counter-claim exclusively against a co-defendant. However, a counter-claim can be filed against the plaintiff along with a co-defendant if they share a common liability. It is governed by Rules 6A to 6G of Order VIII. It allows a defendant to raise an independent cause of action against the plaintiff, provided the cause of action accrues either before or after the filing of the suit, but before the defendant has delivered their defense or before the statutory timeline expires.

    The counter-claim is not limited to money recovery; it can involve any civil right. It is treated as an independent plaint, and the plaintiff must file a written statement to answer it. The court can deliver a final judgment on both the original claim and the counter-claim.

II. IMPORTANT RULES REGULATING THE COUNTER-CLAIM

1. Pecuniary Limit [Rule 6A]: The valuation of the counter-claim cannot exceed the pecuniary jurisdiction of the trial court.

2. Exclusion of Counter-claim [Rule 6C]: If the plaintiff can show that the counter-claim cannot be conveniently disposed of in the same suit, they can apply for its exclusion. The court, if satisfied, will order the counter-claim to be excluded, leaving the defendant to file an independent suit.

3. Survival of Claim [Rule 6D]: If the plaintiff's primary suit is stayed, discontinued, or dismissed, the counter-claim survives independently, and the court will proceed to adjudicate it.

4. Default Judgment [Rule 6E]: If the plaintiff fails to file a reply to the counter-claim, the court can pass a default judgment against them.

III. STRUCTURAL DISTINCTION: SET-OFF VS. COUNTER-CLAIM

1. Scope of the Suit

    A set-off is strictly restricted to suits for the recovery of money, where the defendant claims an ascertained sum that is legally recoverable. In contrast, a counter-claim has a much wider application and can be filed in any type of civil suit, including actions for injunctions, specific performance, or declarations.

2. Transactional Connection

    For a set-off, the defendant’s claim must generally arise out of the exact same transaction that forms the basis of the plaintiff's lawsuit. A counter-claim, however, does not require any such transactional connection; the defendant is free to raise an entirely independent cause of action against the plaintiff.

3. Procedural Character

    In terms of legal strategy, a set-off functions primarily as a defensive shield meant to reduce, adjust, or wipe out the plaintiff’s financial demand. A counter-claim operates as an offensive sword, acting as a separate, independent cross-action where the defendant seeks affirmative relief and judgment against the plaintiff.

4. Monetary Limits

    Because a set-off is a defensive tool, it is typically limited to the amount claimed by the plaintiff to satisfy the debt. A counter-claim faces no such restriction; the defendant can demand a sum that far exceeds the plaintiff's original claim and can win a decree to recover that excess balance.

5. Law of Limitation

    When calculating the statute of limitations, a set-off is legally treated as having been filed on the exact same date the plaintiff instituted the original suit. A counter-claim, however, is treated as a fresh cross-suit and is deemed to have been instituted only on the specific date it is actually presented to the court.

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