3. Plaint and written statement. Differentiate.

🔷 Meaning of Plaint and Written Statement

👉 Plaint:

A plaint is a formal written complaint or statement of claim filed by the plaintiff (the person who initiates the suit) in a civil court. It sets out the material facts, the cause of action, and the relief sought by the plaintiff.

• Governed by Order VII of the Code of Civil Procedure, 1908.

• It marks the initiation of a civil suit.

👉 Written Statement:

A written statement is the defense filed by the defendant in response to the plaint. It contains admissions, denials, and objections to the allegations made by the plaintiff, along with any legal defenses and counterclaims, if any.

• Governed by Order VIII of the Code of Civil Procedure, 1908.

• It is the first reply of the defendant in the suit.

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🔷 Difference between Plaint and Written Statement

Basis	Plaint	Written Statement
Filed by	Plaintiff (the person who files the case)	Defendant (the person against whom the case is filed)
Purpose	To state the plaintiff's cause of action and relief sought	To present the defendant’s reply or defense to the plaint
Nature	It initiates the civil proceedings	It is a response to the plaint
CPC Provision	Governed by Order VII of CPC	Governed by Order VIII of CPC
Contents	Facts of the case, jurisdiction, cause of action, reliefs	Admissions or denials, legal defenses, counterclaims, set-off
Legal Obligation	Mandatory to begin a civil suit	Mandatory after summons is served on the defendant
Result if Not Filed	Suit may be rejected under Order VII, Rule 11	Court may proceed ex parte (without defense) under Order VIII, Rule 5
Verification Clause	Must be verified by the plaintiff	Must also be verified by the defendant

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✅ Summary:

• A plaint begins the suit; a written statement answers it.

• Plaint = Claim | Written Statement = Defense