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Plaint & Written Statement Format India — Templates

A Plaint initiates a civil lawsuit, while a Written Statement is the defendant’s defence. Governed by the Code of Civil Procedure, 1908, these pleadings frame the trial's boundaries. Download Plaint and Written Statement templates and samples.

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What is Plaint and Written statement?

A Plaint is the formal statement of facts and claims filed by the Plaintiff to initiate a civil suit, governed by Order 7 of the Code of Civil Procedure (CPC), 1908. Under Order 7 Rule 1, it must contain the court's name, parties' details, facts constituting the cause of action, the relief claimed, and the value of the suit for court fee purposes.

A Written Statement is the defendant's formal reply to the plaint, governed by Order 8 of the CPC. Under Order 8 Rule 3, the defendant must specifically deny the allegations; any fact not denied is deemed admitted under Order 8 Rule 5. The defendant can also raise new facts and file a counter-claim under Order 8 Rule 6A.

Together, these two documents frame the core issues of the trial. The court decides the dispute strictly based on the pleadings; no party can argue a fact not mentioned in the plaint or written statement. Understanding what is Plaint and Written Statement in Indian law is crucial because defective pleadings—missing essential ingredients under Order 7 or failing to deny material facts under Order 8—can lead to the rejection of the suit or a default judgment.

When This Format Required?

Initiating Property Disputes: When an owner seeks possession or an injunction against illegal encroachment, they file a suit through a plaint.

Breach of Contract Claims: When a party fails to honor a business agreement, the aggrieved party files a suit for damages or specific performance.

Defending Against False Claims: When a person is wrongly sued for property or money, they must file a written statement denying the allegations and providing legal defenses.

Recovery of Dues: When a lender seeks to recover outstanding loans through a civil suit instead of a tribunal.

Filing Counter-Claims: When a defendant not only defends the suit but also has their own claim against the plaintiff, they file a counter-claim within the written statement.

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Quick Overview

Plaint and Written Statement documents in India are governed by the Code of Civil Procedure (CPC), 1908. They require prescribed court fees for the plaint and stamp paper for supporting affidavits. Common uses include filing civil suits for property, contracts, and injunctions, and submitting the defendant's denial.

Step-by-Step Guide

  1. 1

    Identify the Cause of Action and Jurisdiction

    For a plaint, pinpoint the exact date and location of the dispute to establish the court's territorial and pecuniary jurisdiction under Sections 15 to 20 of the CPC. For a written statement, identify which paragraphs of the plaint are false or partially true.

  2. 2

    Draft the Heading and Parties

    State the court's name and jurisdiction. List the Plaintiff and Defendant with their full names, ages, occupations, and addresses. Ensure the defendant in the written statement matches the party sued in the plaint.

  3. 3

    Plead the Facts Chronologically

    In the plaint, narrate the facts in numbered paragraphs from the beginning to the cause of action under Order 7 Rule 1(c). In the written statement, respond to each paragraph of the plaint individually—admit, deny, or state lack of knowledge under Order 8 Rule 3.

  4. 4

    State the Legal Grounds and Relief

    For the plaint, explicitly state the legal right violated and the specific relief sought (injunction, damages, possession) under Order 7 Rule 1(f). For the written statement, list all legal defenses (e.g., limitation under the Limitation Act, 1963, or res judicata under Section 11 CPC).

  5. 5

    Include Verification and Affidavit

    Both documents must end with a verification paragraph signed by the party, declaring the facts are true to their knowledge. Attach a notarized affidavit on stamp paper as required by the court's procedural rules.

  6. 6

    Pay Court Fees and File

    Calculate and affix the requisite court fee on the plaint as per the Court Fees Act, 1870. File the plaint to initiate the suit. File the written statement within 30 days of receiving the summons under Order 8 Rule 1.

Disclaimer: This template is provided for general informational and drafting reference purposes only. It does not constitute legal advice. Stamp duty, registration, and procedural requirements may vary by state. Consult a qualified advocate before executing or filing any legal document. For more details, see our Disclaimer.