Distinguish between the following: Plaint and Written statement.

CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2019
Distinguish between the following: Plaint and Written statement.

Answer & Explanation:

Plaint: A plaint is a legal document which contains the written statement of the plaintiff's claim. A plaint is the first step towards the initiation of a suit. In fact, in the very plaint, the contents of the civil suit is laid out. A plaint is usually divided in parts such as a heading, the cause title, the body, the prayer and signature and verification of the plaintiff. The heading signifies the appropriate jurisdiction of the court while cause title is the name, description and capacity of litigating parties. Plaint should contain name, description and residence of defendant. The entire legal machinery under the Civil Law is set in motion by filing of plaint and hence plaint is the actual starting point of all pleadings in a case. Written Statement: Written statement means a pleading for defense. In other words, a written statement is the pleading of the defendant wherein he deals with every material fact alleged by the plaintiff along with any new facts in his favor or that takes legal objections against the claim of the plaintiff. The defendant is required to file a written statement of his defense at or before the first hearing or such time as may be allowed along with the list of documents relied upon by him. If defendant disputes maintainability of the suit or takes the plea that the transaction is void it must be specifically stated. A general denial of grounds alleged in the plaint is not sufficient and denial has to be specific and must be substantiated with documentary evidence wherever possible. The denial should not be an evasive denial but it must be on point of substance. Every allegation of fact in the plaint if not denied specifically or by necessary implication or stated to be not admitted in the pleading shall be deemed to be admitted.

Topics: Civil Procedure Code

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