Plaint

Plaint is the originating process which initiates a civil suit. It contains:

• Heading and description of parties
• Statement of material facts showing right to relief
• Right to sue
• Jurisdiction valuation
• Relief claimed.
• Date and signature of plaintiff

As per Order VII Rule 1, plaint sets out essential facts constituting the cause of action and requisite details to enable court to determine questions involved. Plaint must demonstrate that material facts exist to entitle plaintiff to decree claimed.

Written Statement

The written statement is the reply to plaint filed by the defendant. Under Order VIII Rule 1, written statement must contain:

• Nature of allegations admitted or denied, with reasons.
• Statement of additional facts forming defence
• Admissions and denials of documents
• Signature and verification by defendant

It provides defendant’s stand regarding plaintiff’s claim by indicating defence taken. Defendant deals specifically with each allegation made in plaint and states if they are admitted or denied, while clarifying factual position.

Set Off

Set off refers to defendant’s independent claim against plaintiff which can be set-off against plaintiff’s claim in suit. Order VIII Rule 6 deals with set off. The claim must be an independent cause of action accruing to defendant against plaintiff seeking liquidated or ascertained amount. The claim should be legally recoverable and within pecuniary jurisdiction of the court. Only amounts which can be set off under law can be claimed as set off.

Counter Claim

A counter claim is a cross-suit filed by defendant against the plaintiff in the same proceedings. As per Order VIII Rule 6A, defendant can set up counter claim against plaintiff instead of filing a separate suit. It must arise between the same parties and out of the same cause of action as the original suit claim. It must fall within the jurisdiction of the court. Counter claims beyond jurisdiction will be directed to be filed separately.

Admission of Plaint

When plaint is presented to court, it shall endorse the date and examine whether requisite valuation and court fees have been paid. Where plaint meets procedural requirements, court admits it and examines whether summons needs to be ordered on defendant. The date of admission of plaint is a crucial date for purposes of limitation and determining commencement of lis.

Return of Plaint

As per Order VII Rule 10, where plaint does not disclose cause of action or is barred by law, the court will return it to plaintiff for filing in proper court. Return happens due to lack of territorial jurisdiction. Plaintiff is given opportunity to file fresh suit in proper court subject to law of limitation. The court cannot reject plaint in such cases, and only option is to return it for presentation to proper court.

Rejection of Plaint

Where the suit appears, ex-facie barred under law or prohibited expressly by legislation, the court may reject the plaint under Order VII Rule 11. For example, the plaint can be rejected where the suit is barred by res judicata or limitation; where relief claimed is impermissible in law; or barred by law. Rejection results in termination of lis between parties.