C1464-54C2GC1464-54C2GC1464-54C2GC1464-54C2GC1464-54C2GC1464-54C2GC1464-

Cox’s Bazar Internation

Univercity

Assignment On

An overview on plaint and written statement of cpc in bangladesh

Course Title:  The code of civil procedure-1  

Cox’s Bazar Internation Univercity

Submitted by-

Fazel Md. Parves

ID No: 170080200352

8th Batch

Department of Law

Cox’s Bazar Internation Univercity

If you’ve ever thought why this concept of plaint comes into the picture and what are the benefits

& why this plaint is necessary, here‘s everything you need to know. This whole article on sample

plaints deals with the concept of ‘Plaint’ according to the provision of law and what are the

necessary contents which are required to be there in plaint. This article also deals with the other

aspects of plaint like common mistakes made in the plaint and some tips to write a proper plaint

according to the provision of CPC. 

What is a plaint?

A plaint is a legal instrument that contains the facts and claims of the plaintiff and initiates a civil

suit. A plaint is a pleadings. Where there is a suit there must be a plaint. Under section 26 of

code of civil procedure, it is mentioned that every suit shall be instituted by the presentation of a

plaint or such other manner as may be prescribed and those manners are listed under the rules of

Order VII.

Essential elements of a plaint

A plaint must comply with the rules of Order VI & VII as per rule 1(2) or order IV of The Code

of Civil Procedure 1908. Moreover there are some elements that are also essential for a plaint

where required. Here are a few important elements of planes among others.

Order VII

 Every plaint shall contain the name of the particular court in which the suit is brought. 

[Rule 1(a)]
 It shall contain the name, description and place of residence of the plaintiff and the

defends. [Rule 1(b & c)]

 A plaint shall contain the statement of unsoundness for minority or minority in case the

plaintiff or the defendant belongs to either of the categories. [Rule 1(d)]

 Every plaint shall contain the fact constituting the cause of action and where it arises.

[Rule 1(e)]

 It must contain the facts showing that the jurisdiction of the court. [Rule 1(f)]

 Every plaint shall contain statements regarding the value of the subject matter to

determine the jurisdiction of the court and to determine the course fees. [Rule 1(i)]

 Every plaint shall contain the relief claimed by the plaintiff. [Rule 1(g)]

 If the suit is for recovery of money then the precise claim amount must be there. [Rule 2]

 Where it is a suit for accounts or mesne profit or movable in the possession of the

defendant which cannot be determined with precise value then the approximate value must

be given. [Rule 2]

 Where the subject of the suit is an immovable property then the sufficient description of

the boundaries, as well as the record of rights must be included. [Rule 3]

 When the suit is time-barred then the grounds of exemption must be added. [Rule 6]

 When the document based on which the claim is presented, true copy of those documents

must be attached, where the copies of those documents are not in the position of the plaintiff

than a list of description of those documents must be made with the information of the

current holder of the documents. [Rule 1(a)]

 The Relief must be specifically stated. [Rule 7]

the mention of required legal procedure. [Rule 4]

 Return off plaints

When the suit is presented before the court and court returned it not

entertaining it due to some mistake is known as return of plaint.

Why?

When the suit is filed in a court without the jurisdiction or in a wrong jurisdiction or in a wrong

time then the court before which the plaint is presented shall return the paint.

Plaint could be returned when presented; 

 in a wrong forum,

 in a wrong Court or in a court with not proper pecuniary jurisdiction,

 When barred by time.

These provisions are given under order VII, rule 10 of the Code of Civil Procedure, 1908

In which stage?

A plaint can be returned at any time before judgement,  rule 10 or order  7 to stated that a plaint

can be returned at any stage of the suit

Returning procedure

The court shall endorse the date of presentation of the suit and the date of Return, it shall also

give a description as to why the plaint is returned.

Remedies against the return of plaint

 The plaintiff could present the suit to the proper court

of the code, therefore plaintiff may present is plaint to a proper Court maintaining the laws

regarding limitation.

Rejection of plaint

When the elements of plaint are missing or where the proper process is not maintained, the court

shall reject the plaint.

The laws regarding the rejection of plaint have given under rule 11 of Order VII of the code of

civil procedure 1908.

Grounds for rejection of a plaint

 Missing cause of action: 

When the plaint does not disclose a cause of action then it shall be rejected.

 Undervalued relief:

When the relief claim by the plaintiff is undervalued, the court shall give the plaintiff time to

correct the plaint but if the plaintiff failed to do so then the plaint should be rejected.

 Insufficient stamp:

In a case where the suit is properly valued but insufficiently stamped than the court shell order to

provide sufficient stamp to the party but if the party fails to do so it shall result the rejection of

the plaint.

 Barred by law or other legal reason:

A suit can be barred by law in several occasion, whether the bar is provided under the law or by

president whether express or implied

Where the plaintiff fails to present the required process fee for service of summon than that

plaint can be rejected.  As held based on rule 9(1A) of order VII by the Appellate Division of

Bangladesh Supreme Court [4 BLT (AD) 82].

 Plaint rejected under section 151

When order 7 is not sufficient in the opinion of the judge and rejection of plaint is necessary for

the end of Ajustice the court may invoke its inherent power under section 151 of the CPC.

Remedies of rejection of a plaint

There are three remedies of rejection of a plaint

Appeal

According to Section 2(2) of the Code of Civil Procedure an order of rejection of plaint is a

decree, and we know a degree appealable order so an appeal can be filed under the section 96 of

CPC by the aggrieved party.

New Suit

In rule 13 of order 7

Restore

In Radha vs. Durga [47 DLR 360].

Amendment of plaint

A plaint is also a pleadings, therefore the rules of amendment of pleadings are also applicable for

amendment of plaint, please read this article of amendment of pleadings to know more about an

amendment of plaint.
Hope this article helped you to have an overall idea of plaint and institution of a civil suit under

the Code of Civil Procedure, 1908. If you need to understand the steps of civil suit you may like

to read our article, Stages of a Civil Suit [CPC 101], Stay connected, soon we will be publishing

necessary drafting for plaint.

What is a written statement

In legal dictionary, the word written statement means a pleading for defence. ... In other words,

a written statement is the pleading of the defendant wherein he deals with every material fact

alleged by the plaintiff along with any new facts in his favour or that takes legal objections

against the claim of the plaintiff

Who can file a written statement

The written statement can be file by the defendant or in the case of his authorized power of

attorney holder.

In the case of if the defendant is minor, then after the prior permission of the Court, the natural

guardian or parents of a minor can file a written statement on behalf of him.

In the case of an unsound mind party in the suit as a defendant, then after the prior permission of

the Court a close friend or any relative of the defendant can file a written statement on behalf of

him.

In the case of any authorized person can be a file on behalf of the company, society, or body.

How to write a written statement

A written statement is an essential part of the defendant’s side to make a particular legal defense

alleged in the suit against him. 

It should be very carefully written and must include all the legal terms and facts in writing form.

So draft of the written statement does not look like a formal denial or formal reply of the suit. As
per the provisions of CPC order 8, some crucial essentials regarding the written statement are

given below.

1. As per the order 8 rule 2, The defendant should explain in detail how the plaintiff’s claim is

not legally valid.

2. If a new fact is shown within the written statement, it should be shown in detail.

3. As per Order 8 rule 3, it’s not enough for the defendant to denial of the plaintiff’s suit based

on the general ground, but he must be specifically mentioned in his written statement that why

very allegation of plain should not be accepted or admit by him. Hence he must be a specific

denial of the plaint of the plaintiff.

4. As per order 8 rule 4, when a defendant denies a claim of fact in the lawsuit, not to make

Evasive denial, he must not do so evasively but respond to the substance of the matter.

5. As per order 8 rule 5, if the defendant makes a written statement and does not dispute the

allegations in the application, then it is tacitly considered that the fact which has not been

contested is admissible.

What kind of cases can be filed written statement

A written statement can be filed in all kind of cases which are covered under the Civil Procedure

Code. Likewise, civil suit, title suit, eviction suit, specific performance of a contract, injunction

suit, recovery of money suit, in MACT cases, defamation suit, matrimonial disputes like

restitution of conjugal right, divorce petition, maintenance cases, dissolution of a partnership,

etc. 
 Time limit to file written statement

There is a prescribed time limit to file a written statement pursuant to Rule 1 of the provision

order 8; the defendant must file a written statement of his defense within thirty days of being

summoned upon his summons.

Provided that if the defendant fails to make a written statement within thirty days, on the same

day as may be required by the Court on the basis of a written record, he shall be allowed to

present it. It will be no later than 90 days from the day the summons is served. Unless after this

time the defendant submits a written statement, the Court will refuse to consider the same.

Set-off

According to the provision of order VIII rule 6 of CPC, the defendant can claim a set-off. Where

the plaintiff file lawsuit against a defendant for the recovery of money, and the defendant also

found that he can also claim some money from the plaintiff, that situation he can claim his

amount through set-off.

Here are some following essential conditions require to satisfy the defendant to file set off under

the provision.

Essential conditions for the defendant to file a set off:

 The suit which is filed by the plaintiff must be for the recovery of money.

 It must be the amount of money that has been determined.

 The amount must be legally recoverable.

 If there is more than one, it must be recoverable by the defendant or by all the defendants.

 The defendant must be recoverable from the plaintiff or from all the plaintiffs if there is

more than one. Thus, if the defendant is sued by the agent, he can not set aside what is entitled to

him from the principal, since the principal is not the plaintiff.
 It shall not exceed the pecuniary limits of the jurisdiction of the court of the petition.

 In the defendant’s claim to set-off, all parties must have the same character as the

plaintiff’s lawsuit.

One thing we should know that if the plaintiff may not appear and his suit is dismissed or

withdrawn, it may not affect the defendant’s petition for set-off, and the order can be passed in

his favor if he is capable of supporting his allegation.

Counter Claim

The code of civil procedure Order 8 Rule 6-A to 6-G shows the provisions regarding the counter-

claim. In relation to the opportunity to plead a set-off according to Rule 6, the defendant can, by

way of counterclaim against the plaintiff’s claim, set up any right or claim in respect of a civil

lawsuit brought by the defendant against the plaintiff.

The counter-claim may be called a cross suit, which enables the court to pronounce the

judgments from both sides, the original Suit, as well as counter-claim.

Where any defendant intends to rely on any basis that supports a right of counter-claim, he shall

clearly state in his written statement that he does so by counter-claim. A written statement made

in response to a counter-claim shall be enforced by the rules relating to a Written Statement by

the defendant.