Difference Between Plaint and Written Statement – Know Your First Legal Steps
Difference Between Plaint and Written Statement – Know Your First Legal Steps
Introduction
When a civil dispute reaches the courtroom, two documents form the bedrock of the litigation process – the Plaint and the Written Statement. While one initiates the case, the other is the first line of defense. Understanding these two legal documents is essential for any litigant or law student.
?? What is a Plaint?
A Plaint is the legal complaint filed by the plaintiff to start a civil suit.
It contains:
Cause of action
Relief sought
Facts in support of the claim
Jurisdiction and valuation
Verification and affidavit
?? Example: If a person is not paid rent for several months, they file a plaint in court asking for recovery of rent and eviction of tenant.
?? What is a Written Statement?
A Written Statement is the reply filed by the defendant in response to the plaint.
It contains:
Admissions or denials of plaintiff’s allegations
Defendant’s version of facts
Any legal defenses (e.g. limitation, estoppel)
Counter-claims or set-offs (if any)
?? Example: In the above rent case, the tenant may reply that rent was paid or that the landlord refused to accept payment.
?? Key Differences: Plaint vs Written Statement
Basis Plaint Written Statement
Who files Plaintiff Defendant
Purpose To initiate the suit To defend against suit
Content Claims and facts Denials, defenses, counterclaims
Time limit No strict limit; governed by Limitation Act
Must be filed within 30 days (extendable to 90)
Filing stage First document in civil suit Filed after service of summons
? Time Limits Matter
As per Order 8 Rule 1 CPC, the written statement must be filed within 30 days, extendable up to 90 days with reasons.
Failure to file may result in:
Striking off defense
Ex parte decree against the defendant
?? Sample Format of Plaint (Simplified)
IN THE COURT OF ____________
Plaintiff: [Name]
Defendant: [Name]
PLAINT UNDER SECTION ____ OF THE CPC
The plaintiff respectfully submits:
1. That the plaintiff is the owner of property ______.
2. That the defendant has failed to pay monthly rent since ______.
3. That cause of action arose on _____.
PRAYER:
The plaintiff prays for:
a) Recovery of Rs ______ as rent
b) Eviction order
c) Costs of the suit
Filed by:
[Plaintiff’s Advocate]
?? Sample Format of Written Statement (Simplified)
IN THE COURT OF ____________
Defendant: [Name]
Plaintiff: [Name]
WRITTEN STATEMENT
The defendant respectfully submits:
1. The contents of para 1 of the plaint are admitted.
2. The contents of para 2 are denied. The rent was paid regularly.
3. There is no cause of action. Suit is barred by limitation.
Prayer:
a) Dismiss the suit with costs.
Filed by:
[Defendant’s Advocate]
?? Why This Difference Matters
The plaint sets the stage for legal proceedings.
The written statement defines the battlefield—what is agreed upon, and what is contested.
The judge relies on these documents to frame issues under Order 14 CPC.
?? Pro Tip
A strong plaint can shape the course of litigation.
A timely and detailed written statement can neutralize even the most aggressive claims.
