The processual law provides that the written statement containing a set-off has the same effect as a plaint in a cross suit so as to enable the court to pronounce a final judgment and a single decree in respect of both the original claim and the set-off: See Order VIII, rule 6(2) and Order XX, rule 19, of the Civil Procedure Code. (3) The plaintiff shall be at liberty to file a written statement in answer to the counterclaim of the defendant within such period as may be fixed by the Court. (AIR 2002 SC 2487, Rameshwar Lal v. Daya Nand AIR 2005. After filling the plaint, the defendant need to submit his/her written statement admitting or denying the statement made in the plaint. Plaint ought to state the accurate amount of compensation claimed by the plaintiff from the defendant. A plaint must disclose every detail of the property in dispute to allow authentic identification of property. Moreover, if the exact or accurate amount of compensation cannot be determined in the given circumstances of the case, for instance, in situations of mesne profits, the approximate amount can be mentioned by the plaintiff. 1500.
A plaint is eluded to as the pleadings put together by the offended party under the watchful eye of the court in a suit. ", Crb Capital Markets Ltd. vs Smt. In Virendra Kashinath v. Vinayak N. Joshi[6], the court observed that pleadings must be brief and niggling should be avoided. A plaint is a legal document which contains the written statement of the plaintiff’s claim. Order VIII,Rule 2. requires that the defendant must raise by his pleading all matters which show the suit not to be maintainable, or that the-transaction is either void or voidable in point of law, and all such grounds of defence as, if not raised, would be likely to take the opposite party by surprise. As aforementioned, this rule also applies to plaint as it is one of the pleadings as defined under Order 6 Rule 1. Karnataka- After Rule 7 and before Rule 8, add the following as Rule 7-A: 7-A, Where the defendant seeks the permission of the Court under Rule 8 of Order 1 of this Code to defend the suit on behalf of or for the benefit of himself and other persons having the same interest as the defendant in the subject-matter of the suit he shall file an application supported by an affidavit setting out the particulars detailed in sub-rule (2) of Rule 4 of Order VII of this Code Notice of such an application shall be given to all parties to the suit, and if the permission sought is granted the plaint may be amended by inserting a statement that the defendant is with the leave of the Court sued as the representative of at ::sons interested in subject-matter of the suit (3031967). This Article explores the meaning,... ADR- Arbitration vs Conciliation vs Mediation And their Differences, Advantages
A petition is a cure that is filed before the Courts for example High Court and Supreme Court, so as to authorize the central privileges of a person. order (allowing amendment) would not relate back at the time of the trial of the suit. Under Order XIII Rule 1 of the CPC, the original documents are required to be produced by the parties and received by the Court. If the cause of and such action had arisen before or after filing of the suit, cause of action continued up to the date of filing of the suit and such cause of action continued up to the date of filing written statement or extended date of filing plaintiff statement, then such counter claim can be filed even after filing the written statement. In legal dictionary, the word written statement means a pleading for defence. When And How These Meetings Held? Request if someone could help and provide the plaint and written statement of recent one. Discuss About Framing of Issues & First Hearing. On returning the plain the Judge shall endorse thereon the date of its presentation and return the name of the party presenting it and brief statement of the reasons for returning it. Where the defendant relies upon several distinct grounds of defence or set-off 1[or counter-claim] founded separate and distinct facts, they shall be stated, as far as may be, separately and distinctly. Therefore, a plaint must contain the board resolution or power of attorney (as the case may be) to prove that the person is authorized representative. The amount of compensation should be clearly mentioned and should not be vague. What Are The Qualification And Disqualification Of Directors? The plaintiff, after employing a counsel, files a document in the court which contains the facts and circumstances that gave rise to the cause for filing the suit. The Privy Council, in the case of Someswar v Trivuban, 1934 (P.C) 130 observed that the whole object of pleading is to give fair notice to each party of what the opponent’s case to ascertain with precision , the points to which the parties agree and those on which they differ and thus to bring the parties to a definite issue. Thus, where th defendant is sued by the agent, he cannot set-off what is due to him from the principal as the principal is not the plaintiff; (e) it must not exceed the pecuniary limits of the jurisdiction of the court in which the suit is brought; and, (f) both parties must fill, in the defendant's claim to set-off the same, character as they fill in the plaintiff's suit. 25." Arbitration vs. Conciliation
2016 (3)UAD 30 SC Muddasani venkata narsaiah (D) through LRS versus Muddasani sarojana. Defective Goods And Deficiency Of Service Vis-A-Vis Consumer. Thirdly, a counterclaim may be filed by way of a subsequent pleading under Rule 9. in the latter two cases, the counter-claim though referable to Rule 6A cannot be brought on record as of right but shall be governed by the discretion vesting in the Court, either under Order VI, Rule 17 of the C.P.C. The individual who documented the suit is alluded to as the offended party and the people against whom the equivalent has been recorded are known as respondents or litigants. lays down an important rule of pleading that no pleading subsequent to the written statement by a defendant other than by way of defence to a set-off shall be presented except by leave of the Court. 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 favour or that takes legal objections against the claim of the plaintiff. If the denial of a fact is not specific but evasive, then the said fact is to be taken to have been admitted. What to do if the groom and his family ask for dowry? NHPC Limited is recruiting Trainee Officers in (Law) and other fields. Arbitration
By amending one’s own pleading with the leave of the Court. Order VII Rule 14 of the Civil Procedure Code (CPC) deals with the documents of the Plaintiff and Order VIII Rule 1-A of the CPC with regard to the documents of the Defendant. Chennai Metro Rail Limited (CMRL) Recruitment for 2020 for law... National Seeds Corporation Recruitment 2020, Apply Today
It is a matter of the courts satisfaction and, therefore, only on being satisfied that there is no fact which need be proved on account of deemed admission, the court can conveniently pass a judgment against the defendant who has not filed the written statement. (2) [viii]Procedure on returning plaint- On returning a plaint, the Judge shall endorse thereon the date of its presentation and return, the name of the party presenting it, and a brief statement of the reasons for returning it”. Note: It is settled law that denial for want of knowledge is no denial at all. By amending it at the instance of the Court itself; By amending it at the instance of the opposite party ;and. Plaint & Written Statement - Free download as Word Doc (.doc / .docx), PDF File (.pdf), Text File (.txt) or read online for free. Counter-claim can be filed after filing of written statement. [(2) Where the defendant has not filed a pleading, it shall be lawful for the Court to pronounce judgment on the basis of the facts contained in the plaint, except as against a person under a disability, but the Court may, in its discretion, require any such fact to be proved. First of all we discuss the basic concept of the Petition, Plaint and Written Statement. These cookies do not store any personal information. Your email address will not be published. Provided that such counter-claim shall not exceed the pecuniary limits of the jurisdiction of the Court. X sues Y on a bill of exchange. Secondly, a counter-claim may be preferred by way of amendment incorporated subject to the leave of the Court in a written statement already filed. It may say that it is not open to him, that he has not raised it and will not be allowed to relyon it; or it may give leave to amend by raising it and protect the other party. However, it forms an essential part of the plaint. "if a plea which was relevant for the purpose of maintaining a suit had not been specifically traversed, the Court was entitled to draw an inference that the same had been admitted. Every pleading shall whenever necessary be divided in to paragraphs , numbered consecutively, each allegation being, so far as is convinent contained in separate paragraphs. ii] Generally an amendment once allowed will relate back to the date of filing of the plaint/written statement. Pleadings are in form Civil matter (Plaint, Written statement), Criminal matter (Complaint) and Writs and they are mostly governed by procedural law. Looking to the scheme of Order VIII as amended by Act No.
Grounds on which a plaint can be returned, ; CIVIL PROCEDURE WITH LIMITATION ACT 1963(NEW CHAPTER ON COMMERCIAL COURTS), https://books.google.co.in/books?id=eSOEDwAAQBAJ&redir_esc=y, https://www.nasirlawsite.com/llb3/pleading.htm, https://www.coursehero.com/file/p6v5ic65/They-may-discover-that-they-are-fighting-about-nothing-at-all-eg-when-a/, https://www.scribd.com/document/320552040/CPC-Project-1281-1289, http://www.legalservicesindia.com/article/2212/Institution-of-Suit-and-its-Essentials.html, http://www.aaptaxlaw.com/code-of-civil-procedure/order-VII-code-of-civil-procedure-rule-7-8-9-10-11-12-plaint-7-8-9-10-11-12-order-VII-of-cpc-1908-code-of-civil-procedure.html, https://books.google.co.in/books?id=W8I-9tSdi1cC&redir_esc=y, https://www.facebook.com/210328119560527/posts/under-order-7-rule-11-of-the-cpc-the-plaint-shall-be-rejected-in-the-following-c/210798786180127/, https://medium.com/@legodesk.in/rejection-of-plaint-modes-grounds-and-provisions-under-the-cpc-7d6e88d67c1a, https://www.casemine.com/judgement/in/56b48d28607dba348fff13e, https://www.lawzonline.com/bareacts/civil-procedure-code/order7-rule11-code-of-civil-procedure.htm, SC Seeks Centre’s Response on Plea Seeking Re-Opening of Religious Places. Order VIII of the Code of Civil Procedure deals with the written statement, set off and counterclaim. This principle is made applicable even in those cases where the claim of the defendant is for an unascertained sum like that of damages but arising out of same transaction. Besides the above rules which apply on the plaint and written statement equally, there is a certain sine qua non under Order 7 Rules 2 and 3 that apply only to the plaint. What are the differences between Petitions, Plaint & Written Statement? Written statement, its meaning, its particulars and who may file and what is the time limit for filing a written statement, etc. Before passing the judgment against the defendant, it must see to it that even if the facts set out in the plaint are treated to have been admitted, a judgment could possibly be passed in favour of the plaintiff without requiring him to prove any fact mentioned in the plaint. Rule 3 further requires that if the plaint is filed by a person on behalf of another as his/her legal representative, the plaint must contain pleadings with respect to the locus standi of the person and must disclose whether the person has the requisite interest to sue on behalf of the actual plaintiff. Where a defendant denies an allegation of fact in the plaint, he must not do so evasively, but answer the point of substance. (2) Where any such document is not in the possession or power of the defendant, he shall, wherever possible, state in whose possession or power it is.
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