PLAINT AND WRITTEN STATEMENT UNDER CPC

 THE CIVIL PROCEDURE CODE

What is a 'suit'?

The code of civil procedure defines the term 'suit' under section 26 (1). 

Section 26 (1) of the civil procedure code says that every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed.

What is a Plaint and Written Statement?

Plaint :

A plaint is a written application made by the plaintiff. A plaint is made by the plaintiff, against the defendant, seeking relief from the court. It is a legal document that contains the claims of the plaintiff.

Written Statement:

A written statement is a reply from the defendant to the plaint written by the plaintiff. 

A written statement includes the pleading of the defendant. A written statement deals with the material facts alleged by the plaintiff in his plaint.

Who may file a written statement?

A written statement is filed by the defendant or any agent who is duly authorised by the defendant. In any case where there is more than one defendant a common written statement is submitted on behalf of all the defendants. Such a written statement must be signed by all of the defendants but it is sufficient if it is verified by one of the defenders who is aware of all the facts of the case.

Time limit for written statement

A written statement must be filed within 30 days from the date of service of summons. The time limit can be extended to 90 days in case the defendant failed to submit the written statement within 30 days. The reason for such delay must be recorded in writing.