Module 02: Summons and pleadings

1. What is plaint? On what ground the court permit the amendment of

plaint? (15 marks) (June 2023)

Plaint in CPC

In plaint in CPC is a formal written document submitted by a plaintiff to initiate

a civil lawsuit in a court of law. It serves as the initial step in commencing a legal
action. The plaint contains essential details, including the parties involved, facts
giving rise to the cause of action, the relief sought and jurisdictional information.

It helps define the scope and purpose of the lawsuit and provides the court with
the necessary information to proceed with the case. The contents of the plaint in
CPC are governed by specific rules and guidelines outlined in the CPC to ensure
legal clarity and fairness in civil litigation.

What is Plaint in CPC?

A plaint is a legal document that contains the claims made by the plaintiff when
they bring a case to a civil court. It’s the first step in starting a lawsuit.

So, what does a plaint in CPC include?

Well, it has all the important details and things needed for the case, like what the
plaintiff is complaining about and why. Even though it’s not defined in the CPC
(Civil Procedure Code), you can find the rules for it in Order VII of the CPC.

When we talk about the cause of action in a plaint, it has two parts.
First, there’s the legal theory, which is like the facts that show why the plaintiff
thinks they’ve been harmed. Second, there’s the legal remedy, which is what the
plaintiff wants the court to do about it.

A plaint is a big deal because it’s the very first step in starting a lawsuit and it
helps figure out which civil court should hear the case.

Provisions of Plaint in CPC

Order VII of the Code of Civil Procedure is all about the “plaint.” In this order,
you’ll find different rules that cover various aspects of what should be in a plaint.
Here’s a breakdown:

 Rules 1 to 8: These rules explain what specific details should be included

in the plaint.

 Rule 9: This rule tells us how the court should admit the plaint.

 Rules 10 to 10-B: These rules discuss what happens if the plaint in CPC
needs to be returned and how parties should appear.

 Main Rules 11 to 13: These rules lay out the situations in which the court
can reject the plaint.

Section 26 of the Code of Civil Procedure is important because it says that every
lawsuit has to start with the presentation of a plaint in CPC or in a way that the
law says. So, it’s clear that a plaint is essential when you want to begin a case in
a civil or commercial court.

Contents of A Plaint

A plaint in CPC is a crucial legal document that must contain specific

information; otherwise, it won’t be considered valid. These necessary details are
outlined in Rules 1 to 8 of Order VII of the CPC. Here’s a breakdown of what
should be the content of a plaint in CPC:

 The name of the civil or commercial court where the lawsuit will be filed.

 Information about the plaintiff, including their name, address and

description.

 Details about the defendant, including their name, residence and

description.

 If the plaintiff has any health issues or disabilities, these should be

mentioned.

 The facts that give rise to the cause of action and where this cause of action
occurred.

 Facts that help determine the court’s jurisdiction.

 Information about the relief or remedy the plaintiff is seeking from the
court.

 If the plaintiff wants to set off a portion of their claim, the amount allowed
should be stated.

 The value of the subject matter of the suit, not just for jurisdiction but also
for court fees.

 Verification by the plaintiff under oath.

These details make a plaint in CPC essential for starting a lawsuit in civil or
commercial courts and it remains significant throughout the legal process.
Additionally, Rule 2 of Order VII specifies that the plaintiff must state the exact
amount of money they seek from the defendant and Rule 3 requires a proper
description of immovable property when it’s involved in the case.

Return of Plaint in CPC

Section 19A of the Code of Civil Procedure (CPC) deals with the “Return of
Plaint.”

“19A. Return of plaint.—Whenever the Court finds that for want of jurisdiction
it cannot finally determine the question at issue in the suit, it may at any stage of
the proceedings return the plaint to be presented to a Court having jurisdiction to
determine the question. When the Court so returns a plaint, it shall comply with
the provisions of the second paragraph of section 57 of the Code of Civil
Procedure (14 of 1882) and make such order with respect to costs as it may think
just and the Court shall for the purposes of the Indian Limitation Act, 1877 (15
of 1877) be deemed to have been unable to entertain the suit by reason of defect
of jurisdiction. When a plaint so returned is afterwards presented to a High Court,
credit shall be given to the plaintiff for the amount of the court-fee paid in the
Small Cause Court in respect of the plaint in the levy of any fees which according
to the practice of the High Court are credited to the Government.”

According to this section:

1. If a court determines that it lacks jurisdiction to finally decide the matter in

a lawsuit at any stage of the proceedings, it has the authority to return the
plaint to be presented before a court that has the jurisdiction to address the
issue.

2. When a court returns a plaint in such a situation, it must follow the

provisions of the second paragraph of Section 57 of the Code of Civil
 Procedure (Amendment) Act, 1882. This may include making orders
related to costs, as deemed just.

3. For the purposes of the Indian Limitation Act, 1877, the court returning the
plaint is considered to have been unable to entertain the suit due to a
jurisdictional defect.

4. If a returned plaint is later presented to a High Court, the plaintiff is

credited for the amount of court fees paid in the Small Cause Court
concerning the plaint, as is the practice of the High Court, in the levy of
any fees, which are typically credited to the government.

Rejection of Plaint

A plaint in CPC can be rejected in certain situations when specific requirements

are not met. Here are some instances in which a plaint may be rejected:

 Non-Disclosure of Cause of Action: If the cause of action is not clearly

mentioned in the plaint, making it impossible to prove the harm suffered
by the plaintiff, the court may reject the plaint. It’s essential to present the
facts clearly to seek relief. For example, in the case of SNP Shipping
Service Pvt. Ltd. v. World Tanker Carrier Corporation, the plaint in
CPC was rejected and the suit dismissed under Order 7, Rule 1(a) of the
CPC, 1908.

 Undervaluation of Relief: If the relief sought by the plaintiff is

undervalued and the court asks the plaintiff to correct the valuation within
a given time frame, but the plaintiff fails to do so, the plaint in CPC may
be rejected.

 Improperly Stamped Documents: When all the documents are not

properly stamped and the court requires the plaintiff to provide the required
 stamp paper within a specified time, failure to do so may lead to the
rejection of the plaint.

 Lack of Legal Basis: If the plaint is based on a statement or claim secured

by a law or statute that does not grant the plaintiff the right to file the suit,
the court may reject it.

 Failure to Submit Duplicate Copy: If the rules stipulate the submission

of a duplicate copy of the plaint and the plaintiff fails to do so, the court
may dismiss the plaint.

 Non-Compliance with Rule 9 of Order VII: If the plaintiff does not

comply with the provisions of Rule 9 of Order VII of the CPC, the court
may reject the plaint.

Form of the Plaint in CPC

A plaint in CPC should follow a specific format, consisting of three essential

parts: the heading and title, the body of the plaint and the relief claimed. Let’s
explore these parts in more detail:

Heading and Title

Name of the Court: The plaint in CPC should begin with the name of the court
where the case is being filed. It is not necessary to mention the name of the
presiding officer; specifying the court’s name is sufficient. For example, “In the
Court of the District Judge, Sirsa.”

Parties to the Suit: In every lawsuit, there are typically two parties: the plaintiff
and the defendant. However, there can be more than one plaintiff or defendant.
The plaint in CPC must provide all the necessary particulars about these parties,
including their names, residences, father’s names, ages and any other details
required for identification.
If there are multiple parties, their names should be mentioned according to their
respective roles in the case. If one of the parties is a minor or of unsound mind,
this information should also be included in the cause title.

Title of the Suit: The title of the suit should explain the reasons for bringing the
matter to court and indicate the court’s jurisdiction.

Body of the Plaint

The body of the plaint in CPC is where the plaintiff elaborates on their concerns.
It should be organised into short paragraphs, each presenting a single fact or point.
The body of the plaint can be further divided into two main parts:

1. Formal Part:

 Date of Cause of Action: The plaint in CPC must include the date when
the cause of action occurred. This date is crucial because it helps determine
whether the lawsuit is filed within the legally specified time limits, known
as the period of limitation.

 Jurisdiction of the Court: The plaint should clearly state the facts that
establish the court’s pecuniary (financial) and territorial (geographical)
jurisdiction over the subject matter of the lawsuit.

 Value of the Subject Matter: The value of the subject matter of the
lawsuit should be properly stated. This is essential both for determining the
court’s pecuniary jurisdiction and for calculating court fees.

 Statement Regarding Minority: If any party involved in the case is a

minor, this should be mentioned in the plaint.
  Representative Character of the Plaintiff: If the plaintiff is representing
others, such as in a class-action lawsuit or as a legal representative, this
should be indicated in the plaint.

 Reasons for Claiming Exemptions: If the plaintiff is initiating the suit

after the period of limitation has expired and is seeking an exemption under
the law, the reasons for this should be explained in the plaint.

2. Substantial Portion:

 In this section, the plaint in CPC must include all the essential facts that
form the basis of the lawsuit. This means detailing the grounds on which
the plaintiff is pursuing the cause of action, including any additional legal
grounds.

 It should be demonstrated in the plaint that the defendant has a clear interest
in the subject matter of the case, justifying their involvement and the
court’s jurisdiction.

 If there are multiple defendants and their liability is not joint, the individual
liability of each defendant should be separately specified in the plaint.

 Similarly, if there are multiple plaintiffs and their causes of action are not
joint, this should also be clearly indicated in the plaint.

Relief

The relief claimed is a crucial part of the plaint. It is where the plaintiff specifies
precisely what they are seeking from the court. This can be a request for
compensation (damages), a demand for specific performance of a contract, an
injunction to prevent certain actions, or any other form of relief. It’s vital to state
the relief clearly and accurately in the plaint because the claims made in the plaint
in CPC cannot be supplemented or altered through oral pleadings later on.

Signature and Verification

At the end of the plaint, the plaintiff’s signature should be placed. If the plaintiff
cannot be present due to a legitimate reason, an authorised representative’s
signature can suffice.

The plaint in CPC must also be duly verified by the plaintiff. If the plaintiff is
unable to do so personally, their representative may verify it on their behalf, after
informing the court.

The verification process involves specifying which paragraphs in the pleadings

the plaintiff has personally verified based on their knowledge of the facts and
which paragraphs have been verified based on information received and
subsequently believed to be true.

The plaintiff or verifier’s signature, along with the date and place, at the end of
the plaint, is essential.

It’s worth noting that the verification process must take place before a competent
court or in front of an Oath Commissioner to ensure the authenticity of the
statements made in the plaint in CPC. This adds credibility to the claims presented
in the legal document.

Conclusion

In conclusion, a plaint in CPC is a formal and crucial legal document that initiates
a civil lawsuit. It provides a clear and structured account of the case, including
the parties involved, the facts leading to the cause of action, the relief sought and
jurisdictional details.
The plaint plays a fundamental role in defining the scope and purpose of the
lawsuit and it ensures that the court has the necessary information to proceed with
the case. Adherence to the specific rules and guidelines outlined in the CPC is
essential when drafting a plaint to maintain legal clarity and fairness in civil
litigation.

In Brief :

A plaint is a legal document which contains the written statement of the

plaintiff's claim. A plaint is the first step towards the initiation of a suit. In fact,
in the very plaint, the contents of the civil suit are laid out.

Through such a plaint, the grievances of the plaintiff are spelled out, as well as
the possible causes of action that can arise out of the suit. A plaint which is
presented to a civil court of appropriate jurisdiction contains everything,
including facts to relief that the plaintiff expects to obtain.

Although it hasn't been defined in the CPC, it is a comprehensive document, a

pleading of the plaintiff, which outlines the essentials of a suit, and sets the legal
wheels up and running.
Order VII of the CPC particularly deals with a plaint. A few of the essentials of
a plaint implicit in itself are those only material facts, and not all facts or the
law as such is to be stated, the facts should be concise and precise, and no
evidence should be mentioned.

Particulars Of A Plaint:

I. The name of the particular court where the suit is initiated.

II. Name, place, and description of the plaintiff's residence

 III. Name, place, and description of the defendant's residence.

IV. A statement of unsoundness of mind or minority in case the plaintiff or the

defendant belongs to either of the categories.

V. The facts that led to the cause of action and when it arose.

VI. The facts that point out to the jurisdiction of the court.

VII. The plaintiff's claim for relief.

VIII. The amount allowed or relinquished by the plaintiff if so

IX. A statement containing the value of the subject matter of the suit as
admitted by the case.

Additional Particulars:

I. Order VII, Rule 2 states that the plaintiff shall state the exact amount of
money to be obtained from the defendant if the case is so. On the other
hand, if the exact amount cannot be arrived at, as is then case with mesne
profits, or claim for property from the defendant, an approximate figure
must be mentioned by the plaintiff

II. Order VII, Rule 3 states that when immovable property is the subject matter
of the plaint, the property must be duly described, that is sufficient in the
ordinary course to identify it.

III. Order VII, Rule 3 states that when the plaintiff has initiated the suit in a
representative capacity, it has to be shown that he/ she has sufficient
interest in doing the same as well as has taken the required steps to ensure
the same.
IV. The plaint should adequately show the involvement of the defendant,
including his/ her interests in the same and thereby justifying the need to
bring him/ her forward.

V. If the plaintiff files the suit after the expiration of the period of limitation,
he/ she must show the reason for which such an exemption from law is
being claimed.

Procedure For Admission Of The Plaint:

When the court serves the summons for the defendant, according to Order V,
Rule 9, the plaintiff must present copies of then plaint according to the number
of defendants, and should also pay the summons fee, within seven days of such
a summons.

The Particulars Of A Plaint Can Be Divided Into Three Important Parts

Such As Heading And Title, Body Of The Plaint, And Relief Claimed.
Heading And Title:

Name Of The Court:

The name of the court should be written as the heading. It is not necessary to
mention the presiding officer of the court. The name of the court would be
sufficient. Eg. In the Court of District Judge, Kolkata.

Parties To The Suit:

There are two parties to every suit, the plaintiffs and the defendants. For the
purpose of the suit, the name, place, and description of the residence of both the
plaintiffs and the defendants have to be mentioned in the particular plaint.

When there are several plaintiffs, all of their names have to be mentioned and
have to be categorically listed, according to their pleadings, or in the order in
which their story is told by the plaintiff.

Minors cannot sue nor can be sued. So if one of the parties is a minor or of
unsound mind, it will have to be mentioned in the cause title.

Title Of The Suit:

The title of the suit contains the reasons for approaching the court and the
jurisdiction before which the plaint Is initiated.

Body Of The Plaint

This is the body of the plaint wherein the plaintiff describes his/ her concerns in
an elaborative manner. This is divided into short paragraphs, with each
paragraph containing one fact each. The body of the plaint is divided into two
further parts which are:

Formal Portion:
The formal portion contains the following essentials:

1. A statement regarding the date of cause of action. It is necessary for every

plaint to contain the date when the cause of action arose. The primary
objective behind this is to determine the period of limitation.

2. There should be a statement regarding the jurisdiction of the court. The

plaint must contain all facts that point out the pecuniary or territorial
jurisdiction of the court.

3. The value of the subject matter of the suit must be stated properly in this
part of the plaint.
 4. Statement regarding minority.

5. The representative character of the plaintiff

6. The reasons why the plaintiff wants to claim exemptions under the law if
the suit is initiated after the period of limitation.

Substantial Portion:

I. This portion of the plaint must contain all the necessary and vital facts,
which constitute the suit. If the plaintiff wishes to pursue a course of action
on any other grounds, such grounds must be duly mentioned.

II. It should be shown in the plaint that the defendant is interested in the
subject matter and therefore must be called upon by the court.

III. If there is more than one defendant, and if the liability is not joint, then the
individual liability of each and every defendant must be shown separately.

IV. In the same way, if there is more than one plaintiff, and their cause of action
is not joint, then too, the same has to be mentioned separately.

Relief:
The last part of the plaint is the relief. The relief claimed must be worded
properly and accurately. Every plaint must state specifically the kind of relief
asked for, be it in the form of damages, specific performance or injunction or
damages of any other kind. This has to be done with utmost carefulness because
the claims in the plaint cannot be backed by oral pleadings.

Signature And Verification:

 I. The signature of the plaintiff is put towards the end of the plaint. In case
the plaintiff is not present due to any legitimate reason, then the signature
of an authorized representative would suffice.

II. The plaint should also be duly verified by the plaintiff. In case the plaintiff
is unable to do so, his/ her representative may do the same after informing
the court.

III. The plaintiff has to specify against the paragraphs in the pleadings, what
all he/ she has verified by his/ her own awareness of the facts, and what has
been verified as per information received, and subsequently believed to be
true.

IV. The signature of the plaintiff/ verifier, a Where the language of the plaint
is beyond the comprehension of the plaintiff, the same has to be translated,
or made known to the plaintiff, and only after that can he/ she put his/her
signature and get the plaint verified by the Oath Commissioner.

Return Of Plaint
Order VII, Rule 10 states that the plaint will have to be returned in such
situations where the court is unable to entertain the plaint, or when it does not
have the jurisdiction to entertain the plaint.

The courts can exercise the power of returning the plaint for presentation before
the appropriate court if it feels that the trial court itself did not have the
appropriate jurisdiction in the first place.

Once the appellate court finds out that the trial court decided on the civil suit
without proper jurisdiction, such decision would be nullified.
Dismissal Of Suit
If the plaint is to be returned to the parties after its rejection, the court has to fix
a date for the same where the parties can arrive for this purpose.

This was mentioned in Rule 10, inserted by the amendment act of 1976. If the
court does not have the adequate jurisdiction, the proper course is to return the
plaint and not to dismiss it.

When Can A Plaint Be Rejected?

I. A plaint can be rejected under the following scenarios

II. Where the cause of action is not disclosed

III. When the relief claimed by the plaintiff is undervalued, and he/ she is not
able to correct it even after being instructed by the court to do so.

IV. When the relief claimed is proper, but the plaintiff proceeds with the plaint
on a paper which has not been stamped sufficiently and fails to do so even
after the court's instruction.

V. Where the suit stems from a statement which has been essentially barred
by law

Conclusion
A plaint is important in the sense that it is the first and foremost step towards
instituting the suit. Therefore, due care has to be taken to ensure that the procedure
required for the initiation of plaint has been duly recognized.

It is mandatory to follow protocol by stating the relevant facts, the necessary

details, refrain from providing evidence and mention the kind of relief envisaged
so that the plaintiff is duly benefited.

Amendment of Pleadings Under CPC

Introduction

Pleadings are statements in writing delivered by both the parties involved in the
litigation namely, the defendant and plaintiff. Pleadings are delivered by parties
to present their contentions in the trial by giving required details, as defined in
order VI rule 1 of the Civil Procedure Code, 1908. The pleading can either be a
plaint or a written statement filed in a civil court. Plaint is filed by the plaintiff
which contains material facts to prove his claim and a written statement is
delivered by the defendant to respond to the plaint within 30 days from the date
of issuance of the summons by the court.

The amendment of pleadings aims to meet the end of justice and to determine the
real questions of conflict between the parties. The objective of the amendment of
pleadings is to correct the mistakes made in the pleading and protect the rights of
the parties instead of punishing them for committing mistakes in pleading. The
amendment of pleadings allows parties to make required changes before the
commencement of the trial. The commencement of trial means when the issues
were framed and the other party has filed an affidavit for the examination of the
witness.

Different Kinds of Amendment of Pleadings

The amendment of pleadings can be done in 6 different ways, namely

 1. Amendment for clerical and arithmetical mistakes in judgment,
decree, or order under Section 152 of Civil Procedure Code, 1908.

2. Amendment of proceeding in a suit by the court to determine the real

question or issues between the parties under Section 153 of Civil
Procedure Code, 1908.

3. Amendment for striking out or adding parties in a dispute under

Order 1, Rule 10 r(2) of Civil Code Procedure, 1908.

4. Amendment for adding a legal representative of the deceased party

under Order 22, Rule 3 and 4.

5. Amendment for opponent pleading or compulsory amendment under

Order 6 and Rule 16.

6. Amendment for own pleading or a voluntary pleading under Order

6 Rule 17.

Amendment of Pleadings [1]

The Court may allow either of the parties to amend their pleadings before the
commencement of trial to determine the real questions in controversy between
the parties and ensure the delivery of justice to both parties. The court shall not
accept any application for amendment of pleadings after the commencement of
trial unless the court concluded that despite due diligence, the parties in the
conflict failed to raise the matter before the commencement of the trial.

Amendment of pleadings is defined in Order 6, Rule 17 of the Civil Procedure

Code, 1908. To discourage mala fide intentions, inconvenience caused to the
opposite party, or to avoid arbitrarily amending of pleading, the court imposes a
cost to the intended party for the amendment of the pleading. It helps to
compensate the other party and mark a penalty for showing negligence while
drafting the original pleading.

Procedure for Amendment of Pleadings

The procedure to apply the amendments of pleading[2]:

1. Either of the parties who are willing to amend their pleading is

required to write an application for amendment of pleadings to the
concerned civil court and present the application before the
concerned judge.

2. The applicant has to pay the prescribed court fees under the Court
Fees Act, 1870.

3. The applicant needs to communicate the required reason for the

amendment in pleading.

4. Now, the judge in its discretion evaluates the application on the

grounds of whether the amendment is necessary to determine the real
questions of controversy between the party, and whether considering
the amendment is necessary to deliver justice to both parties.

5. After getting an approval order from the court, the applicant needs
to file the new pleading within the prescribed time limit or before 14
days from the release of the order.

6. The applicant needs to submit a copy of the amended pleading to the

opposite party.

Grounds for the Rejection of Amendment Grant

The court’s discretion is certainly a subjective case while determining the issues
beforehand, but the discretion of the court might be subjected to abuse in the hand
of the judiciary. The amendment of pleadings[3] might be rejected on certain
grounds by the Hon’ble court. The application for the amendment of pleadings is
rejected when the amendment is not necessary to determine the real question in
controversy between parties. The application is rejected when the amendment
leads to the introduction of a completely new case. When the plaintiff or
defendant is negligent while delivering their written submissions, then the
amendment of pleadings is subjected to rejection from the court. When the
amendment is unjust, arbitrary, and causes injustice to either of the parties, the
application for amendment shall be rejected by the court. The application for
amendment is rejected, when the amendment is resulted in excessive delay and
changes the nature of the dispute. The application is rejected on the grounds of
mala fide intentions and wasting the valuable time of the court.

Case Laws

In the case of Cropper V. Smith, the court held that the objective behind the
amendment of pleadings is to protect the rights of the parties and not to punish
them for committing mistakes in the pleading. It is inferred from the judgment
that the amendment of pleadings aims to avoid the pendency of cases and allow
parties to amend their pleadings to include necessary material facts.

In the case of Vidyabai V. Padmalatha, the Hon’ble Supreme Court held that
the date on which the issues are framed as the date of the first hearing, whereas
filing of an affidavit to the examination-in-chief of a witness would amount to
commencement of a trial.
In the case of Rajesh Kumar Aggarwal V. K.K. Modi and others, the court
held that the case should be tried on merit and should allow the amendment of
pleadings in the cases where these amendments determine the real question in
controversies between parties and it does not cause injustice to either of the
parties.

In the case of Smt. Ganga Bai V. Vijay Kumar, the Supreme Court held that
the amendment of plaint at any stage must be exercised in the interest of the
justice. Similarly, in M/s Ganesh Trading Co. V. Maoji Ram, the Supreme
Court held that the amendment is necessary to meet both the end of justice and
not to defeat the purpose of the law.

Conclusion

The amendment of pleadings is an effective instrument to avoid delay in

delivering justice to an aggrieved party. It is important to note that the
Amendment of pleading is subjected to certain limitations to protect the interest
of the justice instead of the interest of the parties. The court meticulously analyzes
the cases and approves the applications for amendment. The court accepts the
application on the ground of bona fide intention, avoids pendency and injustice
to the parties, and leads to the determination of real questions in controversies
between the parties. The applicant needs to be cautious while applying for an
amendment of pleadings and ensure the ends of justice should meet and not get
compromised.

2. Define ‘Pleadings’ and state the objects and fundamental principles

regarding pleadings. (15 marks) (June 2023)

Introduction

Pleadings form the foundation for any case in the court of law. It is a statement
in writing filed by the counsel of plaintiff stating his contentions on the case, on
the basis of which the defendant shall file the written statement defending himself
and explaining why the plaintiff’s contentions should not prevail. Sometimes the
plaintiff, having filed his plaint, may, with the leave of the court, file a statement
or the court may require him to file a written statement. In such cases, the written
statement forms part of the plaintiff’s pleadings. Similarly, there are cases in
which the defendant having filed his written statement may, with the leave of the
court, file an additional written statement or the Court may require him to do so.
In such cases the additional written statement also forms part of the defendant’s
pleadings.[1] This is the first stage of a suit. Code of Civil Procedure (CPC) in
order 6, Rule 1 defines pleadings as a written statement or a plaint. The plaintiff’s
written statement and the defendant’s additional written statement are termed
supplemental pleadings.

Objective of pleading

The whole objective behind pleading is to narrow down on the issues and provide
a clear picture of the case thereby enhancing and expediting the court
proceedings. The pleadings help both the parties know their point of dispute and
where both parties differ so as to bring forth the relevant arguments and evidence
in the court of law.

The Supreme Court on 25th March, 1972 while disposing a case praying for
certain amendments in an election petition, observed that rules of pleadings are
intended towards giving justice and to act as aids for fair trial.
Rules of Pleadings

The four words which can crisply summarise the rule of pleading is ‘Plead facts
not law’. The counsel of both the parties should only project the facts in their
respective case rather than suggesting on the laws applicable in the particular
case.

To gain a crystal clear understanding of the same, the rules can be studied in two
parts that is:

1) Basic or Fundamental Rules

2) Particulars or other rules

Basic or Fundamental Rules

Basic or Fundamental Rules are discussed in the sub-rule (1) of Rule 2 of Order
VI of the Code of Civil Procedure, 1908. Summarising the provision, the basic
rules of pleadings are the following:

Facts should be pleaded upon and not the law

This was first held in the case Kedar Lal v. Hari Lal where it was held that the
parties are under the duty to state the facts on which they are claiming their
compensation. The court shall apply the law as per the stated facts to render the
judgement. One should not assert or apply any laws for claiming right on the
stated facts.
Material facts should be pleaded

The second basic rule is to present facts which are material only. Immaterial facts
shall not be considered. The question arose in the court of law that what is the
actual scope of ‘material facts’. It was decided by the judge in the case Union of
India v. Sita Ram that material facts will be inclusive of all those facts upon which
the plaintiff’s counsel will claim damages or rights as the case may be or the
defendant will put forth his defence. In nutshell, facts which will form the basis
for claiming a right or compensation by the plaintiff or prove the defendant’s
defence in the written statement will fall under the ambit of being ‘material’.

Evidence should not be included while pleading

It says that pleadings should contain a statement of material facts on which the
party relies but not the evidence by which those facts are to be proved.[2]

There are two types of facts :

 Facts probanda : the facts which need to be proved, i.e material facts

 Facts probantia: facts by which a case is to be proved, i.e evidence

Only facts probanda should form the part of pleadings and not facts probantia.
The material facts on which the plaintiff relies for his claim or the defendant relies
for his defence are called facta probanda, and they must be stated in the plaint or
in the written statement, as the case may be.[3]

Facts in concise manner should be presented

This is the last and final basic rule of pleadings. Compressed and crisp
presentation must be adhered while presenting the pleadings. At the same time it
must be kept in mind that in order to maintain brevity of facts one should not miss
out on important facts in the pleadings. Pleadings can be saved from superfluity
if one takes care in syntax.

Particulars or other rules

1. Particulars with dates and items should be stated wherever fraud,

misrepresentation, breach of trust, undue influence or wilful default are
pleaded in the pleadings.

2. Generally departure from pleading is not permissible, and except by way

of amendment, no party can raise any ground of claim or contain any
allegation of fact inconsistent with his previous pleadings.

3. Non-performance of a condition precedent should be specifically

mentioned in the pleadings. Performance of the same shall not form a
part of the pleadings since it is already implied.

4. If the opposite party denies a contract, it will be held as denial of the

facts of the contract and not its validity, enforceability and legality.

5. Wherever malice, fraudulent intention, knowledge or other condition of

the mind of a person is material, it may be alleged in the pleading only
as a fact without setting out the circumstances from which it is to be
inferred.

6. Unless the facts are material, there is no need for the facts to be stated
in verbatim.

7. Pleadings should only state the giving of a notice, when it is required to

give a notice or condition precedent, without disclosing the form or
manner of such notice or giving details of any circumstances from which
the form of notice can be determined, unless the same is material.
8. Implied relations between persons or contracts can be alleged as facts
and the series of conversations, letters and the circumstances from
which they are to be inferred should be pleaded generally.

9. The facts which deals with onus of proof or which favours a party shall
not be pleaded.

10. Every pleading should be signed by the party or one of the parties or by
his pleader.

11. A party to the suit shall provide with his and the opposite party’s
address.

12. Each and every pleading need to be approved by making an affidavit by

the party or a person who is acquainted by the facts stated in the
pleading.

13. A pleading may be ordered to be strike out by a court of law, if it feels

the same is scandalous, frivolous, unnecessary or intended towards
embarrassing, prejudicing or delaying a fair trial in the court.

14. Amendment of pleadings shall be allowed by the court

15. The pleadings shall be divided in proper paragraphs whenever required,

consecutively numbered and structured properly. Every argument or
allegations must be in separate paragraphs. Dates, sums and any totals
shall be expressed in figures as well as in words so as to maintain clarity
for the judge as well as the parties concerned in the trial.

16. Forms in Appendix A of the Code should be used wherever they are
applicable. Where they are not applicable, forms of like nature should
be used.
Amendment of Pleadings

Rules 17 and 18 of Order VI of Code of Civil Procedure, 1908 deal with

amendment of pleading. These provisions aim towards achieving justice in the
society. Rule 17 of the Code of Civil Procedure, 1908 provides either parties may
be ordered to amend or alter his pleading at any stage of the proceeding in such
manner which shall be fair and just and allow amendment when necessary so as
to determine the exact controversial question between the parties.

On the other hand Rule 18 deals with the issue of failure of amending the
pleading. It deals with the law that if court orders a party to make necessary and
if he fails to do the same within the given time limit given by the order or if no
time is limited then within 14 days from the date of the order, he shall not be
permitted to amend after the expiration of such limited time as aforesaid or of
such 14 days, as the case may be, unless the time is extended by the Court.

Conclusion

Pleadings form the backbone of any legal suit. The case is set out in the pleading.
It guides the parties to form the arguments and know the contentions of the other
party so as to frame claims or defence by either party respectively. It is guidance
in the whole journey of the suit. They also determine the range of admissible
evidence which the parties should adduce at the trial. The Code of Civil Procedure
lays down the fundamental rules of pleadings along with the amendments to the
same. These provisions are aimed to strike a balance in the society and to achieve
the ultimate ends of justice.
3. Define ‘Summons’ What are the different modes for serving summons

under the civil procedure code? (15 marks) (January 2023) (15 marks)

(November 2019)

The importance of summons lies in the fact that when a plaintiff files a suit, the
defendant must be informed about the suit that has been filed against him so that
he can be heard and the procedure of fair trial is followed. The document which
is sent by the court to the defendant to inform him about the suit filed against him
is known as a summon.

The word ‘summon’ has not been defined anywhere in the code. The definition
of summons as given by the Oxford dictionary states that, “a document which is
issued from the court of justice and calls upon a person to whom it is directed, to
be present before a judge or court for a specific reason is called a summon.” Issue
and service of summons are given under Order 5 of the Code.

Objective of summons

The following are the objectives of summons:

 It is important to inform a person about any legal action that has been
taken against them.

 It gives an opportunity to the defendant to present his case and side of

the story.

 The basis of summons lies in the maxim “Audi Alteram Partem”, which
means to hear both sides.
  It further helps in following the principles of natural justice and ensures
fair proceedings and trial.

 It helps in ensuring the presence of either a witness or accused or any

other person who is involved directly or indirectly in a suit before the
court.

 To produce the necessary documents.

Essentials of summons

The essentials of a summon are given under Order 5, Rules 1 and 2 of the code.
These are:

 Every summon must be signed by the judge or any other officer whom
he appoints to do so on his behalf.

 It must be sealed properly.

 The court will not issue any summons to the defendant if he has
appeared before the court at the time of the institution of the plaint.

 After summons are issued, the defendant is required to file written

statements within 30 days. If he fails to do so, he has to provide reasons,
and if the court is satisfied, it can extend the time period to file written
statements to not more than 90 days.

 Another essential element of summons is that every summon must be

accompanied by a copy of the plaint.

 The format of a summons must be according to the prescribed form

given in Appendix B of the First Schedule under the code.

Contents of summons
Rule 5 to Rule 8 of Order 5 under the code gives the content of summons. A
summon must contain:

 Information, whether it is issued for settlement of issues or final disposal

of the suit. According to Rule 5, the court of small causes can only issue
a summons for the final disposal of a suit and nothing else.

 It must contain the date and day fixed for the appearance of the
defendant, considering the factors like the residence of the defendant,
time, etc., so that he can get a reasonable time and opportunity to appear
before the court.

 It also contains the list of necessary documents that a defendant is

required to produce in court.

 If the summons is issued for final disposal, it must direct the defendant
to produce witnesses on his behalf to support his side.

Summons to defendants

According to Rule 1 of the Order, whenever a lawsuit is instituted by a plaintiff,

the defendant has to file a written statement within 30 days of the issuance of the
summons to him. If he fails to do so and furnishes an appropriate reason, the
court, after consideration, may extend the time up to 90 days. However, the court
will not issue any summons if the defendant was present at the time of the
institution of the plaint and has admitted the claim of the plaintiff. Section 27 of
the Code further provides that a summons must be issued to the defendant when
the suit is instituted to appear before the court and answer the plaint in the form
of written statements.
Section 28 mentions the condition where the summons issued to a defendant has
to be sent to a different state or jurisdiction where he resides. In such a situation,
the court will send the summons to the court having jurisdiction in that particular
area, and then the said court will perform duties as if the summons had been
issued by it. It will further return the record of its proceedings to the court that
originally issued the summons. If there is any difference in language between the
summons issued and the records, the records will be translated into Hindi or
English and then sent along with the summons.

Appearance of defendant

According to Rule 3, if summons has been issued to the defendant, he may appear
before the court in the following ways:

 He may appear himself in person or,

 Through his pleader, who will answer all the questions on his behalf or,

 by a pleader along with another person to answer all the questions.

The court, however, has the power to call defendants at any time to appear
personally before the court if there are reasons to do so.

Exemption from appearance

The code provides certain provisions that mention the people who are exempted
from appearance in the court on the issuance of a summons and the necessary
conditions. These are:

 Section 132 provides that any woman who cannot be compelled to

appear in public due to the customs and other manners followed, will
not be asked to appear before the court. This does not mean that she will
 not be arrested if required in civil proceedings. This will only happen if
the code provides for any such exemption provision.

 Section 133 further gives the list of particular people who are exempted
from appearing before the court personally. This includes:

o The President of India

o Vice-President

o Speaker of house

o Union Ministers

o Supreme Court judges

o Governors of states and union territories

o Speakers of state legislative assemblies

o Chairman of the state legislative council

o States’ Ministers

o High Court judges

o Any other person on whom Section 87B is applicable.

 According to Rule 4 of Order 5, a person will be exempt from appearing

before the court if:

o He does not reside within the local limits of the court’s

jurisdiction or

o He lives in a place that is more than 50 miles or 200 miles away

from the court.
Mode of service of summons

This is one of the most fundamental and important rules of law that states that a
party must be given a fair chance to represent himself, and this is only possible if
he has been served with fair and reasonable notice of legal proceedings stating
the legal action taken against him. This will also give him the opportunity to
defend himself and present his case.

One of the major causes of delay in justice or pendency in cases is the service of
summons. The defendants or people to whom the summons are issued may avoid
it or ignore it, which results in a delay in proceedings, leading to a delay in justice.
The Law Commission and the makers of the law felt a need to make certain
amendments with respect to the service of summons and their modes of service.
The code gives several modes of service of summons, which are discussed below
in detail.

Personal or direct service

This mode of service of summons is simple. In this mode, a copy of the summons
is issued to the concerned person or his agent or any other person on his behalf,
and the person receiving the summons must acknowledge the same. It is the duty
of the officer serving summons to ensure and make an endorsement with regard
to the summons served that states the time and manner of service, the name and
address of the person receiving the summons, and witness to the delivery of the
summons.

Rules 10 to 16 and Rule 18 of the order deal with personal or direct service. While
serving summons through this mode, the following principles must be taken into
consideration:
  The service officer must try to serve the summons to the defendant or
his agent.

 If the defendant is not present at his place of residence and there is no

agent, then it must be served on any adult male or female member of the
family living with him on his behalf.

 If a suit is related to the business or work of a person who does not reside
within the territorial jurisdiction of the court, then it may be served to
the manager or agent of that business or work.

 In the case of a suit on immovable property, if the defendant is not

found, then the summons may be served on any person or agent who is
in charge of such property.

 If a suit involves two or more defendants, then the summons must be

issued to each of them.

Service by the court

Rule 9 of the Order deals with the service of summons by court. It provides that
if a defendant resides within the jurisdiction of the court, then the summons must
be served to him by the court officer. It can also be served by post, fax, message,
email service, approved courier service, etc., but if the defendant does not live
within the jurisdiction, then it must be served by the officer of the court within
whose jurisdiction he resides.

In the case, summons are served by Registered post acknowledgment due

(RPAD), the court will assume the valid service of summons is complete even if
there is no acknowledgement slip. If a person refuses to accept it, the court may
treat it as a valid service. The Supreme Court, in the case of Salem Advocate Bar
Association v. Union of India (2005), directed the high courts to make appropriate
rules or guidelines to ensure that the provisions of summons are implemented
properly without any abuse of power or process of law.

Service by plaintiff

According to Rule 9A of the Order, the court may permit the plaintiff, on his
application, to serve summons to the defendants. He has to deliver the copy of
the summons which is sealed and signed by the judge or any other officer
appointed by the judge to do so, and also make sure that the defendant summons
acknowledges the service. If the defendant refuses to acknowledge the service or
if it cannot be served personally, the court will re-issue the summons and serve it
to the defendant.

Substituted service

Substituted service means a mode of service of summons that is adopted in place

of ordinary service of summons. There are two modes of substituted service as
given under Rules 17, 19 and 20 of the Order. These are:

 If the defendant or his agent refuses to acknowledge or sign the receipt

of the summons, or if the officer serving the summons reasonably
believes that the defendant is not present at his residence and will not be
found within a reasonable time, and moreover if there is no agent to
receive summons on his behalf, he may affix the copy of the summons
on the door or any conspicuous part of his house.

o In this case, the serving officer has to make a report stating the
reasons for affixing the summons, the circumstances, the name
and address of the person who helped him and the witnesses to
affixing the summons.
 o The court can declare that the summons has been issued if it is
satisfied with the report of the officer.

 If the defendant is deliberately avoiding service and the court has a

reason to believe so, it may affix the summons in some conspicuous
place in the court and house of the defendant where he used to reside,
carry on business or work for somebody.

In the case of Yalllawwa v. Shantavva (1997), the Supreme Court held that this
mode of service of summons is not an ordinary mode and must not be used
normally. It must only be used in exceptional cases and treated as the last option.

According to Rule 20, if a court orders to advertise the summons in the

newspaper, then it must be done in a local newspaper where the defendant lived,
had a business, or worked. This service is an effective option to serve summons
even if the defendant is not reading the newspaper (Sunil Poddar v. Union Bank
of India, 2008).

Before issuing the summons through this mode of service, the court must give the
defendant a reasonable time to appear before the court. In another case, State of
Jammu and Kashmir v. Haji Wali Mohammad (1972), the Supreme Court held
that if a summon does not fulfil the requirements of Rule 19 of Order 5 under the
Code, then such service of summons is not in accordance with the law.

Service by post

The Code earlier provided that the summons could be served through the post as
well and was given under Rule 20A of the Order, but this provision has been
repealed by the Amendment Act of 1976.

Service of summons in special cases

Rules 21–30 provide the mode of service of summons in special cases.

 If the defendant resides in another state or outside the jurisdiction of the

court issuing the summons, the court may send the summons to another
court in whose jurisdiction the defendant resides to serve it on him.

 According to Section 29 of the code, if any foreign summon has to be

served, then it must be sent to the court in the territories where the code
applies, and they will further serve the summons as if it had been issued
by them.

 If the summons has to be served in presidency towns like Calcutta,

Madras, and Bombay, then it may be sent to the Small Causes Court of
that particular jurisdiction.

 If the defendant does not live in India and has no agent then according
to Rule 25, the court can serve the summons by way of post, fax, email
or any other appropriate means. The other way of serving the summons
to such sovereign country where the defendant resides is either by a
political agent or through the court of that country, which has powers
and authority to serve the summons as given under Rule 26 of the order.

 If the defendant is a public officer, a railway officer, or a servant of the

local authority, then the summons can be served through the head of
their departments.

 If the defendant is a soldier, airman, or sailor, then the summons can be

sent through their commanding officer.

 If the defendant is a convicted prisoner, then the summons can be served

through the officer in charge of the prison.
  In case, the defendant is a company or a corporation, the summons may
be served to the secretary, director, or principal officer of the company
or through post to the address where such company carries on its
business or at its registered office.

 If the defendants are partners in a firm, then it must be served to any one
of the partners, but if the partnership has dissolved before the suit has
been instituted, then every partner must be served the summons.

 The court issuing the summons also has the power to substitute it with
a letter of request, which will contain the same contents and information
as the summons. This will be done for any person depending upon the
position or office held by such a person.

Refusal and objections to summons

There are instances where a defendant refuses to accept the summons or accepts
it but refuses to sign the acknowledgment or objects to the summons being issued.
This leads to a delay in the proceedings of the suit. To deal with such situations,
the code has provided certain safeguards.

Refusal of summons

According to Rule 9 of the Order, if the defendant refuses to accept the summons,
it is deemed that the summons has been served on him. Similarly, when he or his
agent refuses to sign the acknowledgement, the court will assume that he has
refused to take delivery of the summons and treat such summons as duly
served. This was also mentioned in the case of Puwada Venkateswara v.
Chidamana Venkata (1976).
Objection to service of summons

In the case of Bheru lal v. Shanti lal (1984), the court held that if there are any
objections to the summons served, they must be raised as soon as possible and at
the earliest. If it is not done at that stage, then the court assumes that the defendant
has waived off this opportunity.

Conclusion

Order 5 of the Code of Civil Procedure, 1908 specifically deals with the issue and
service of summons to the defendant. It provides various rules related to the
issuance of summons and their modes of service. All of these have been discussed
in detail in the article. It also provides the scenario as to what will happen if a
person refuses the summons. The defendant has also been given the opportunity
to raise the objections to the summons if any at the earliest or else it will be
waived. But there are many instances where the defendants tend to avoid or ignore
the summons. This further results in delays in court proceedings and the pendency
of suit. The law makers and the courts must look into this issue in order to solve
the problem of the pendency of cases in our country.

In Brief:

The first word in civil suit comes to the mind of an ordinary person when he has
to go to court either as Plaintiff or Defendant is summons. So let's learn the
term summons and its service through this article. The Code of Civil
Procedure prescribes rules under Order 5 read with Section 27 to 29 in relation
with Summons to Defendant.

Meaning of term Summons

The term summons has not been defined in Code of Civil Procedure 1908 but
according to Black's law dictionary:
Summons means a writ stating an action is commenced against him in court.

In code of civil procedure 1908 summons can be issued to following persons:

Summons To Defendant - Order 5 of Code and Section 27 to 29 of Civil

Procedure 1908
When any party (Plaintiff) filed a suit against another party i.e. Defendant. The
Defendant has to be informed that the suit is filed against him and it is
necessary to appear before court of justice to defend himself in such situation
the court send an intimation document to defendant is said to be summons to
defendant.

The summons of Defendant can served for two purposes i.e. Either for
settlement of issues or for final settlement of the suit.

Summons TO Witnesses Order 16 and Section 27 to 31 of Code of Civil

Procedure

The summons shall issue by the Court to any person to give evidence as witness
or produce document which is in his possession before court on particular date
such intimation document is said to be summons of Witness.The summons of
Witnesses can served for two purposes i.e. Either for giving his oral evidence or
for final production of documents.

Herein we are going to discuss with Summons to defendant in this article.

Important Conditions in relation with summons of Defendant.

There are certain conditions must take into consideration such as:

1. Summons shall be issued by the Court in which the suit is pending before
it for appearance of defendant and opportunity to answer the plaintiff's
claim.

2. Summons may be served within within 30 days from institution of suit.

3. Every summons shall be signed by the presiding Judge or its officer with
seal of the court.

4. Copy of plaint should be accompanied with summons.

5. The Summons to defendant must show its purpose of issuance.

When Summons is not necessary to issue

When the Plaintiff's claim in a suit is admitted by the Defendant before issuance
of summons then there is no need of issue of summons and court shall
pronounce judgment in favor of plaintiff ( Order 12 Rule 6 Of C.P.C.)

Liability of Defendant:

It is duty of defendant to appear and file his defence in pleading i.e. written
statement within 30 days from the date of service of summons but the Court
may be extent such period up to 90 days from such service. If defendant fails to
file such written statement then the court has empowered with pronounce
judgment against such defendant, subject to its discretion to call for proof of
fact pleaded by the plaintiff. ( Order 8 Rule 1 of CPC)

Appearance and Exemption from Personal Appearance- Order 5 Rule 4 ,

Section 132, 133 of C.P.C.

The Defendant after receiving of summons he may appear either personally or

through his pleader or through any other pleader accompanied by any person
authorized to answer on behalf of the defendant.

But it shall not be necessary to appear personally to defendant if he fall under

the benefit of exemption as follows If:

1. Defendant is woman who is not appearing in public according to custom

and manner of the country.

2. Defendant is any one holding official character such as The President of

India, The Vice President of India, Speaker Of parliament or State
Legislative Assembly, The Judges of High Court or Supreme Court,
Minister of Union or States etc.

3. The Defendant resides not residing in local limits of jurisdiction of the

court

4. The Defendant residing outside such local limits beyond 50 miles or 200
miles (if any conveyance is available) from such court.

5. The defendant is appear before court in representative character then other

defendants may be exempted.( Order.1 Rule. 8)
Content of summons

Every summons should provide its purpose i.e. either it issued for settlement of
issue or for final decision of the suit. The summons must stating intended date
fixed by the court for appearance and such date should not be unreasonable to
the defendant for appearance and answer to the suit.

Modes Of Service of Summons

There are certain modes of service of summons, The Court always endeavor to
speedy trial but it also make sure that the reasonable opportunity must be given
to the parties of the suit hence the summons to defendant can be served on any
following modes:

1. Summons issued by the court personally to the Defendant or his agent.

It is ordinary way to serve summons to the defendant, after institution of

suit the court may issue summons to the defendant and such summons shall
be delivered by the officer of the court (Belief of court) to the Defendant
personally or through his agent if any or in absence of the defendant in his
ordinary residence the summon shall serve on his adult member of his
family (Adult male member by Bombay High Court Amendment)

After such service the officer of the court (Belief of court) shall obtain
signature of the Defendant or his agent or adult member of his family to
whom served personally and return original copy of summons to the court
with his report.
2. Service of Summons through Courier services (R.P.A.D. Service)

The High court of concerning territory shall make rules for such services.
The service of summons can be made through Register Postal
acknowledgement due or Speed post or courier services. It is addition to
the direct service of summons (Order 5 Rule 9(4) Of CPC)

3. Service of summons by plaintiff (By Hand Service)

The court may allow service of summons through the plaintiff on his
application. Such service is valid service and rule of direct service by Court
is applicable to such mode of service of summons. (Order 5 Rule 9-A Of
CPC)

4. Service Of Summons By Substituted Service � (Order 5 Rule 20 Of

CPC)

When the court is satisfied the Defendant keeping himself away from
service of summons in ordinary way the court shall serve summons by
following ways:

a. Affixing Copy of summons tin conscious part of the Court House.

b. Affixing Copy of summons tin conscious part of the Defendants

House

c. Advertisement in local newspaper where the defendant is ordinarily

resides or carry on business or work personally for gain.
 5. Service Of Summons Through Electronic Message- (Order 5 Rule 9 (3)
Of CPC)

It is admissible now a days for expediency and speedy service of summons,

The Service of summons on Defendant can be made by giving a copy of
summons to the defendant through any electronic media such as Emails or
Fax under rules prescribed by the High Court.

6. Service of Summons in Special Case - Order 5 Rule 21-30, Section 28 ,

Order 29 Rule 2 and Order 30 Rule 3 of C.P.C.

For better understanding we shall refer these special cases herein under:

Sr.No. If Defendant Service Of Summons

Resides Outside
Serve through the court where he
1 Jurisdiction of Court or
resides
state

Serve through Electronic mail

2 Resides in foreign Country
,fax or courier

Resides in Presidency town

Serve through Small Causes
3 of Mumbai, Kolkata or
Court situated therein
Chennai

Serve through Head of

4 Is public servant department where he is working
as public servant
 Serve through his commanding
5 Is Soldier, sailor or airman
officer

Serve through Manager,

6 Is Corporation
secretary ,director

Serve through Firm, one or more

7 Is Partnership Firm
partners having control over it

Serve through officer incharge of

8 Is in prison
jail authority

Objection to Service of summons

Any objection as to service of summons shall be raised by the party at earliest

opportunity otherwise it deemed to be waived by the party.

Conclusion
When the plaintiff filed a suit for relief against the defendant, the party who facing
allegation must be given an opportunity to express his defence. The document
which intimate the defendant that the suit is pending against him is said to be
summons to defendant. We can say that Summons is the stage which initiate the
proceeding of suit towards its settlement.

4. What is meant by ‘written statement’? what are the rules of defense

considered while filing a written statement? Explain briefly

(15 marks) (January 2023)

Written statement order 8

Introduction:
First of all, we should know that what is written statement. Actually, it is a
pleading of the defendant in the answer of the plaint led by the plainti against
him. It is a reply statement of the defendant in a suit specically denying the
allegations made against him by the plainti in his plaint. The provision
regarding the written statement has provided in the Code of Civil Procedure,
1908.

Meaning:
The expression Written Statement has not been defined in this code. It is a
term of specific meaning ordinarily signifying a reply to the plaint led by the
plaintiff. In other words, it is the pleading of the defendant wherein he deals
with the material fact alleged by the plaintiff in his plaint and also states any
new fact in his favour or takes legal objections against the claim of the plaintiff.

Who may be written statement:

A written statement may be filed by the defendant or by his duly authorized
agent. In the case of more than one defendants, the common written statement
led by them must be signed by all of them. But it is sufficient if it is verified by
one of them who is aware of the facts of the case and is in a position to led an
affidavit. But a written statement led by one defendant does not bind other
defendants.

Time limit for ling written statement:

A written statement should be led within thirty days from the service of the
summons on him. The said period, however, can be extended up to ninety
days,(Rule -1). A defendant should present a written statement of his defence in
the said period.

Defences in written statement:

In written statement defendant can specifically deny the allegations made in the
plaint by the plaintiff against him. Besides this, he also can claim to set-o any
sums of money payable by the plaintiff to him as a counter defence (Order 8
Rule 6). Further, if the defendant has any claim against the plaintiff relating to
any matter in the issue raised in the plaint, then he can separately le a counter-
claim along with his written statement. It is provided in Order 8 Rule 6A to 6G
of the code.

Particulars: Rules 1-5 and 7-10

Drafting a written statement is an art so it should be drafted carefully and
artistically. Before proceeding to draft a written statement it is absolutely
necessary for the defendant to examine the plaint carefully.

Special rules of defence:

Rules 2 to 5 and 7 to 10 deal with special points regarding the ling of a
written statement:

1. New facts, such as the suit is not maintainable, or that the transaction is
either void or voidable in law, and all such grounds of defence as, if not
raised, would take the plaintiff by surprise, or would raise issues of fact not
arising out of the plaint, such as fraud, limitation, release, payment,
performance or facts showing illegality, etc. must be raised. (Order 8 Rule
2)
2. The denial must be specie. It is not succinct for a defendant in his written
statement to deny generally the grounds alleged by the plainti, but he must
deal specially with each allegation of fact which he does not admit, except
damages.

3. The denial should not be vague or evasive. Where a defendant wants to

deny any allegation of fact in the plaint, he must do so clearly, specially
and explicitly and not evasively or generally.

4. Where every allegation of fact in the plaint, if not denied specifically or by

necessary implication, or stated to be not admitted except as against a
person under disability. The court may, however, require proof of any such
fact otherwise than by such admission.

5. Where the defendant relies upon several distinct grounds of defence or set-
o or counterclaim founded upon separate and distinct facts, they should be
stated separately and distinctly.

6. Any new ground of defense which has arisen after the institution of the suit
is a presentation of a written statement claiming a set-o or counterclaim
may be raised by the defendant or plaintiff in his written statement as the
case may be.

7. If the defendant fails to present his written statement within the time
permitted or relaxed by the court, the court will pronounce the judgment
against him or pass such order in relation to the suit as it thinks t and a
decree will be drawn up according to the said judgment.

8. No pleading after the written statement of the defendant other than by way
of defense to set-o or counterclaim can be led.
 Set off (Order VIII, Rule 6]
Definition:
Where in a suit by the plaintiff for recovery of money and the defendant finds
that he also has a claim of some amount against the plaintiff what he do is he
can claim a set-off in respect of the said amount. This right of the defendant to
claim set off has been recognized under Order 8, Rule 6 of the Code.

Essential Conditions:

I. A defendant may claim a set-off, if:

II. The suit is for the Recovery of money;

III. The sum of money must be ascertained;

IV. Such sum must be legally recoverable;

V. It must be recoverable by the defendant or by all the defendants, if not more

than one;

VI. It must be recoverable by the defendant from the plaintiff(s);

VII. It must not exceed the pecuniary jurisdiction of the court in which the suit
is brought;

VIII. Both the parties must fill in the defendant's claim to set-off, the same
character as they fill in the plaintiff's

Effects:
When a defendant claims set-off, he is put in the position of the plaintiff as
regards the amount claimed by him. Where the plaintiff doesn't appear and his
suit is dismissed or he withdraws, it does not affect the claim for a set-off by the
defendant and a decree may be passed in his favor if he is able to prove his
claim.

Illustrations:
X sues Y on a bill of exchange. Y alleges that X has wrongfully neglected to
insure Y's goods and is liable to him in compensation which he claims to set-
off. The amount not being ascertained cannot be set-off.

P sues Q on a bill of exchange for Rs. 1500. Q holds a judgment against P for
Rs. 1,000. The two claims being both definite, it may be set-off.

Types of Set Off

Set-off is of two kinds viz., legal set-off and equitable set-off. Rule 6 speaks of
legal set-off only. In contrast to legal set-off, an equitable set-of, can be claimed
for unascertained money but it must arise from the same transaction. For
example, where a servant sues his master for recovery of amount of salary, the
master can claim set-off for loss sustained by him due to negligence of servant
since it arises out of same relationship.

Legal Set Off

It is apparent from a reading of the above provisions that in order to constitute
legal set-off, the following conditions must be fulfilled, viz.,

a. The suit must be for recovery of money.

b. The defendant must claim an ascertained sum of money. A sum of money

due in respect of a disputed transaction cannot constitute an ascertained
sum.
 c. That ascertained sum must be legally recoverable from the plaintiff, i.e., it
is not barred by the law of limitation.

d. The plaintiff's claim and the set-off must be claimed in the same character.
The amount must be recoverable by the defendant and if there are more
than one defendant, then by all the defendants. Again, the amount must be
recoverable by the defendant from the plaintiff and if there are more than
one plaintiff, then from all the plaintiffs.

e. The set-off should be within the pecuniary jurisdiction of the Court.

Equitable set-off
Court of Equity in England allowed set-off when cross-demands arose out of the
same transaction, even if the money claimed by way of set-off was an
unascertained sum of money. The Common Law Courts refused to take notice of
equitable claims for they were not ascertained sums. The Courts of Equity,
however, held that it would be inequitable to drive the defendant to a separate
cross-suit and that he might be allowed to plead a set-off though the amount might
be unascertained. Such a set-off is called an equitable set-off.

In India, the distinction between legal and equitable set-off remains. The
provisions as to legal set-off are contained in Order VIII, Rule 6, C.P.C. The same
has now been enlarged by insertion of Rule 6-A with regard to counter-claim by
the defendant. So far as equitable set-off is concerned it is provided in Order XX,
Rule 19(3), C.P.C., which states that:

The provisions of this rule (relating to a decree for set-off or counter-claim and
an appeal therefrom) shall apply whether the set-off is admissible under Rule 6
of Order VIII or otherwise.
The provisions of Order VIII, Rule 6, and Rule 6-A are, therefore, not
exhaustive because apart from a legal set-off an equitable set-off can be pleaded
independently of the specific provision of the Code.

Counter Claim
Rule 6A to 6G of Order 8 deals with counter-claim. It is claim made by the
defendant in a suit against the plaintiff. It is a claim independent of and
separable from plaintiff's claim which can be enforced by a cross section.
Counter-claim can be set up in respect of action accruing to the defendant either
before or after the filing of the suit but before the defendant has delivered his
defense or before the time fixed for delivery of his defense has expired.

Such claim should not exceed the pecuniary limits of the jurisdiction of the
concerned court. The counter-claim is to be treated as a plaint and the plaintiff
can file a written statement in answer to it. Counter-claim can be filed after
filing of written statement.

In Smt. Shanti Rani Das v. Dinesh Roy it has been held that the right to file a
counter claim is referable to the date of accrual of cause of action. 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.

Who may file counterclaim?

Normally, it is the defendant who may file a counterclaim against the plaintiff.
But incidentally and along with the plaintiff, the defendant may also claim relief
against the co-defendants in the suit. But a counterclaim solely against co-
defendants is not maintainable.

When counterclaim may be set up?

A counterclaim may be set up by a defendant against a plaintiff in respect of
cause of action accruing either before or after filing of the suit, provided such
claim is not barred by limitation.

Effect of counterclaim Such counterclaim has the effect of a cross-suit and the
court can pronounce a final judgment both on the original claim and the
counterclaim. The counterclaim of the defendant will be treated as a plaint and
the plaintiff has a right to file a written statement in answer to the counterclaim
of the defendant.

The effect of the counterclaim is that even if the suit of the plaintiff is stayed,
discontinued, dismissed or withdrawn, the counterclaim will be decided on
merits and the defendant will have a right to get a decree for a counterclaim as
claimed in the written statement. If the plaintiff does not file any reply to the
counterclaim made by the defendant, the court may pronounce the judgment
against the plaintiff in relation to the counterclaim made against him or make
such order in relation to the counterclaim as it thinks fit.268 The counterclaim
shall be treated as a plaint and will be governed by the rules applicable to
plaints. Similarly, a reply filed in answer to a counterclaim shall be treated as a
written statement and governed by rules applicable to written statements.

Set Off & Counter Claim

The distinction between set-off and counter-claim may now be noted:
  Set-off is a statutory defence to a plaintiff's action, whereas a counterclaim
is substantially a cross-action.

 Set-off must be for an ascertained sum or must arise out of the same
transaction as the plaintiff's claim. A counter-claim need not arise out of
the same transaction.

 Set-off is a statutory ground of defence and has to be pleaded in the written

statement. It can be sued as a shield and not as a sword. Counter-claim, on
the other hand, does not afford any defence to the plaintiff's claim. It is a
weapon of offence which enables the defendant to enforce his claim against
the plaintiff as effectually as in an independent action. It is a sort of cross-
action.

 If the statute of limitation is pleaded to a defence of set-off, the plaintiff in

order to establish his plea has to prove that set-off was barred when the
plaintiff commenced the action. It is not enough to prove that it was barred
at the time when it was pleaded. In the case of a counter-claim, it is enough
for the plaintiff to prove that the counter-claim was barred when it was
pleaded.

 An equitable set-off is a claim by the defendant in defence, which generally

cannot exceed the plaintiff's claim. A counter-claim the defendant may,
however, exceed the plaintiff's claim, being in nature of the cross action.
Under the provision rule 6-F of Order 6, if in any suit a set off or counter
claim is established as a defence against plaintiffs claim and any balance
is found due to the defendant as the case may be the court may give
judgment to the party entitled to such balance.

5. Explain the essential requisites of pleadings and describe the manner

of amending pleadings (15 marks) (July 2022)

Already explained

6. Explain the provisions of CPC regarding service of summons. What are

the recent amendments to the rules?

(15 marks) (July 2022) Already Explained

Key Highlights of Civil Procedure Code (Amendment) Act, 2002

Code of Civil Procedure (Amendment) Act, 2002

The Code of Civil Procedure dates back to 1908 which governs the entire
spectrum of civil fraternity suits. From the date of its enforcement, it has been
amended many times for the speedy and expeditious trial of the suits. Despite the
radical changes in due course of time, the society still faced the delaying issues
due to humongous pending lawsuits in the court. The Central Government
initiated a step ahead to curtail down the future situations and thus, introduced
certain amendments to the Code.

Because of the delay in delivering justice experienced by the litigants at various

levels, the Parliament introduced the Code of Civil Procedure (Amendment) Act,
2002.
The failure of the objective of The Amendment Act of 1999, i.e., speedy and
expeditious trial resulted in The Amendment Act of 2002 which was enacted to
reduce the delays faced at the different levels of the litigation. It is one of the
Parliamentary efforts at making litigation in our country more effective and
speedy. In the light of the Amendment Act of 1999 came the Amendment Act of
2002 which became effective from 1st July, 2002. After the long wait, the
Parliament made some radical changes for the effective enforcement of the
provisions of the Code.

Arun Jaitley, introduced a new amendment Bill in 2002, taking into account the
suggestions made by bar representatives, political parties and the Law
Commissions. The Parliamentary Standing Committee recommended the other
changes. The new Bill was adopted by both the Houses of Parliament in
May, 2002. Following Presidential assent, the Code of Civil Procedure
(Amendment) Act,2002 was notified and came into effect.

Issue and Service of Summons (Order V)

 Order V of the Code provides for issue and service of summons. The
Malimath Committee looked into the problem of the shortfall of cases
in the Courts and recommended amendments to the Code intending to
lay down a fixed time frame within which pleadings can be completed.

 The Amendment Act of 2002 amended Rule 1 [Summons], Rule 9

[Delivery of summons by Court] and Rule 9A [Summons given to the
plaintiff for service] of Order V .

 The effect of substituted sub-rule (1) of Rule 1 is that summons are

required to be issued to the defendant for appearance and answering the
 claim of the plaintiff on institution of a suit by the plaintiff set out in the
plaint by filing written statement of his defence within 30 days from the
day of the institution of the suit except in a few situations.

 The first proviso to the sub-rule (1) of Rule 1 provides that no summons
are required to be issued when the defendant has appeared at the
presentation of the plaint and admitted the plaintiff’s claim.

 The second proviso to the substituted sub-rule (1) of Rule 1 provides

that if the defendant does not file the written statement within 30 days
of the presentation of the plaint, he may be allowed to file the same, for
reasons to be recorded in writing, which shall not exceed ninety days
from the date of service of summons.

 Rule 9 of Order V was substituted by Rules 9 and 9A of the Amendment

Act of 2002.

 Sub-rule (1) and sub-rule (4) of Rule 9 prescribes two different

situations as to the delivery of the summons to the defendant. Firstly, if
the defendant resides within the jurisdiction of the Courtin which the
suit is instituted or his agent, the summon shall be delivered by the
proper officer or such courier services as are approved by the
Court. Secondly, if the defendant resides outside the jurisdiction of the
Court in which the suit is instituted , the Court may direct the service of
summon by delivering the copy by speed post or by such courier
services as are approved by the High Court or by any other means of
transmission of documents including fax message or electronic mail
service, which shall be made at the expenses of the plaintiff (Proviso to
sub-rule (3).
  Sometimes, the defendant or his agent refuses or intentionally neglects
the delivery of the summon which leads to delay in service of summons.
Sub-rule (5) of Rule 9 curbs this situation and states that if the Court
receives an acknowledgement or any other receipt purporting to be
signed by the defendant or his agent endorsed by the postal employee
that defendant or his agent has refused to take the delivery of the postal
or had refused to take accept the summon when tendered to him, the
Court issuing the summons shall declare that the summons had been
duly served on the defendant.

 The Registered Post Acknowledgement Due can also make the service
of summon.

 Rule 9 empowers the High Court or the District Court to prepare a panel
of the courier agencies for service of summons.

 To avoid the delay in delivery of summons, the Court empowered the

plaintiff for the service of summons under Rule 9A. It states that the
Court, in addition to Rule 9, on an application of plaintiff may allow him
service of summon for the appearance of the defendant.

 Such service of summon by the plaintiff shall be effected by delivery of

summon to the defendant personally a copy signed by the Judge and
sealed with the seal of the Court or any mode of service prescribed in
sub-rule (3) of Rule 9.

7. What is meant by written statements? What is the effect of non-filing

any written statement? (15 marks) (July 2022)

Written Statement in CPC

The Written Statement in the Civil Procedure Code (CPC) is a pivotal element in
the legal landscape. It serves as the defendant’s voice, enabling them to respond
to the plaintiff’s claims in a structured manner.

This crucial document outlines the defendant’s version of events, affirmations,

denials and defences, all essential for a fair and just legal process.

What is a Written Statement?

The Code of Civil Procedure does not provide a clear definition for a ‘written
statement.’ In simple terms, it is a written defence statement submitted by the
defendant, addressing all the important points raised by the plaintiff in their
complaint.

This statement includes objections to the plaintiff’s claims and can also introduce
new facts if needed. Think of it as the defendant’s version of events, just as the
plaintiff’s complaint represents their side. The rules for the written statement are
outlined in Order VIII of the Code of Civil Procedure.

In the written statement, the defendant should present their case succinctly. It
should only contain the facts that support their defence, not the evidence to prove
those facts.

Pleading of New Facts

Regarding introducing new facts in a Written Statement in CPC, according to

Order VIII Rule 2, the defendant can present facts that the plaintiff didn’t mention
in their complaint if these facts demonstrate that the lawsuit should not proceed.
However, these facts must be clearly and specifically stated, not in vague or
general terms. They should be brought up initially and cannot be introduced at a
later stage, such as during an appeal.

Denial of Facts

When it comes to responding to the plaintiff’s claims via Written Statement, the
defendant has two options: accepting or denying them. If an allegation is not
denied, it is considered accepted. Order VIII Rule 3 of the Code of Civil
Procedure emphasises the importance of a clear and specific denial. The
defendant cannot simply provide a general denial; they must address each
allegation individually.

Furthermore, Order VIII Rule 4 states that an evasive denial or a denial that does
not directly address the substance of the claim does not count as a valid denial.
For example, if the defendant wishes to dispute the plaintiff’s claim that they
received a specific amount of money, they must explicitly deny receiving that
amount and specify the alleged amount. An evasive denial will be treated as an
admission unless the plaintiff’s complaint is also vague and general.

Who Can File a Written Statement?

A written statement is a document filed by the defendant in a legal case. This

document can be submitted by the defendant personally or through an authorised
representative, but it cannot be filed by someone who is not directly involved in
the legal dispute.

In situations where there are multiple defendants in a case, they can choose to file
a single, common written statement signed by all of them. Alternatively, at least
one of the defendants, who is knowledgeable about the facts of the case, can
verify and submit the written statement on behalf of all the defendants. This
allows for a unified response from the defendants in the case.

When Should a Written Statement Be Filed?

Order VIII Rule 1 sets the timeframe for the defendant to submit a written
statement. Here’s a breakdown:

Initial Deadline: The defendant must file their written statement within thirty
days from when they receive the legal summons.

Extension Possibility: In certain situations, this thirty-day period can be

extended, but not beyond ninety days from the date of the court serving the
summons. However, any extension must be supported by written reasons.

Commercial Disputes: In commercial disputes, the defendant is still initially

given thirty days to file their written statement after receiving the summons.
However, the court can extend this period for up to one hundred and twenty days
from the date of the summons. Once again, the court must record its reasons for
the extension and the defendant may be required to cover any associated costs. If
the defendant misses these deadlines, they lose the right to file a written
statement.

Late Submission: If the defendant cannot meet the prescribed time frame, they
should file the written statement as soon as possible along with an application
requesting the court’s permission for the delay. However, this application should
have a valid reason for the delay, one that was beyond the defendant’s control. If
the court finds the reason acceptable, it will accept the application and proceed
with the case; otherwise, it will reject it.

In the case of Mohammed Yusuf v. Faij Mohammad and Ors. (2009), the
defendant filed a written statement three years after the prescribed deadline and
requested the court to condone the delay. However, the court initially rejected this
application. Later, the Allahabad High Court, responding to a writ petition filed
by the defendant challenging the rejection, allowed the application. Nevertheless,
the Supreme Court disagreed with the High Court’s decision.

The Supreme Court ruled that the High Court should not have intervened because
there was no clear failure of justice or a glaring error in the case record. The
Supreme Court emphasised that extending the time beyond the initial thirty-day
period should not be automatic. Courts should exercise caution and consider
whether sufficient and valid reasons exist to justify such an extension. Granting
extensions indiscriminately could undermine the pursuit of justice.

In the case of Christian Broadcasting Network Inc. v. CBN News (P) Ltd.
(2018), the Delhi High Court ruled that if a defendant fails to file a written
statement, the court can invoke Order VIII Rule 10 of the Civil Procedure Code.
In this specific case, the plaintiff, a broadcasting services provider, discovered a
YouTube channel operated by the defendant that was identical to the plaintiff’s
trademark. Despite serving a cease and desist notice, the defendant did not
comply. Consequently, the plaintiff initiated a lawsuit. Since the defendant did
not submit a written statement, the plaintiff requested a temporary injunction,
which the court granted.

In another case, Nagaratnam Pillai v. Kamlathammal A (1945), there was a

question about whether Order VIII Rule 10 applies to Order VIII Rule 9. Rule 9
specifies that parties cannot file additional pleadings after submitting a written
statement, except for defences related to set-off or counterclaims. It also grants
the court the authority to request a written statement or additional written
statement from any party and set a deadline not exceeding thirty days for
submission. The court ruled that Order VIII Rule 10 relates to Rule 9, confirming
the court’s ability to request further written statements and set appropriate time
frames.

Consequences of Not Filing a Written Statement

According to Order VIII Rule 10, if a person required to file a written statement
fails to do so within the specified or court-permitted time frame, the court has two
options:

Granting of Adjournment: The court can decide to grant an adjournment to the

defendant, providing additional time to submit the written statement. However,
it’s essential to note that Order VII Rule 1 limits the number of adjournments to
a maximum of three for each party involved in the lawsuit. If, despite these
adjournments, the defendant still does not file the written statement, the court can
proceed to the second option.

Pass an Ex Parte Decree: The court has the discretion to issue an ex parte decree
against the defendant. This step is not mandatory and is typically avoided
initially. However, if the defendant repeatedly fails to file a written statement
even after multiple adjournments, the court can choose to issue an ex parte decree
against the defendant.

Time Limit for Filing Written Statement

Order VIII Rule 1 states that the defendant must file a written statement within
30 days from the date they receive the summons. However, an amendment in
2002 added a proviso to this rule. According to this proviso, if the defendant fails
to file the written statement within the initial 30 days, they still have the
opportunity to file it within a maximum of 90 days from the date of receiving the
summons.

Amendment to Written Statements

In the case of Usha Balasahed Swami v. Kiran Appaso Swami (2007) 5 SCC
602, the Supreme Court provided a crucial clarification regarding amendments to
plaints and written statements in legal proceedings. While the general rule
restricts amendments that substitute a cause of action or alter the nature of the
claim in plaints, this rule does not apply to written statements.

In other words, amendments to a written statement, such as adding new defences

or changing existing ones, including contradictory pleas, are generally
acceptable. However, the same level of flexibility may not be extended to
amendments in the plaint.

The Court emphasised that a more liberal approach should be taken when
allowing amendments to written statements, as the potential for prejudice is
higher in the case of the plaint. This decision is in line with the principle that a
defendant can take contrary or even contradictory stands in their written statement
without affecting their cause of action or causing prejudice.

In Baldev Singh v. Manohar Singh (2006) 6 SCC 498, the Court also
recognised some similarities between amending plaints and written statements.
However, it underscored that the rule preventing the plaintiff from amending their
pleading in ways that materially alter or change the nature of their cause of action
does not necessarily apply to amendments of written statements. This legal
distinction is vital in maintaining fairness and balance in the legal process.

Additional Written Statement under Order 8 Rule 9 of CPC

Order 8 Rule 9 of the Civil Procedure Code, which was omitted by the CPC
(Amendment) Act, 1999, has been reinstated by the CPC (Amendment) Act,
2002. This change introduced a fixed time period for subsequent pleadings. Now,
the court must set a time for presenting these pleadings and this time frame should
not exceed thirty days.
It’s important to note that simply because an amendment appears inconsistent
with the defendant’s previous statements is not a valid reason to reject the
defendant’s request for an amendment. Generally, in such cases, the court allows
amendments or the filing of additional written statements unless the party seeking
the amendment is acting in bad faith or if their mistake has caused significant
harm to the other party, which cannot be rectified by awarding costs.

In cases where the omission resulted from negligence, carelessness, or accidental

error, the court may allow the defect to be corrected as long as it does not result
in unfairness to the other party.

Right to File Written Statement Closed Remedy

In a case before the Punjab and Haryana High Court in Beant Singh v. Dilbagh
Singh, a defendant was permitted to submit a written statement in a civil suit even
after the 90-day statutory period had expired. The lawsuit was initiated against
the defendant on 08-09-2017. The defendant made his first appearance in court
on 29-11-2017 and the court adjourned the matter to 08-01-2018 for the defendant
to file the written statement.

However, no written statement was filed on that date and the court granted
another adjournment until 19-02-2018. Despite this final opportunity, the
defendant still failed to file the written statement within the statutory 90-day
period, leading to the striking off of his defence.

The defendant appealed this decision and the High Court considered that the
defendant had indeed been given two opportunities to file the written statement
after his initial appearance in court. However, the Court believed that even if the
defendant had been negligent in pursuing his case and failed to submit the written
statement despite the last chance provided, he would have suffered significant
harm and loss if not granted one more opportunity.
Recognising this, the Court set aside the previous order and allowed the defendant
to file the written statement on the next scheduled hearing date in the trial court.
It was also emphasized that if the defendant defaulted in filing the written
statement even on that date, his defence would be considered struck off.

Conclusion

A written statement is a document in a legal case where the defendant, the person
being sued, responds to the claims made by the plaintiff, the person who filed the
lawsuit. It’s like telling their side of the story in writing. In the written statement,
the defendant can admit or deny the plaintiff’s allegations and explain their
defences. They may also include any counterclaims if they have a case against
the plaintiff. It’s an essential part of the legal process that helps both sides present
their arguments to the court, allowing the judge to make a fair decision in the
case.

8. Short note: Return of plaint (05 marks) (July 2022)

Already Explained

9. What is the object of pleadings? Explain basic rules of pleadings

(15 marks) (November 2019) Already Explained