Civil Procedure Code & Limitation Act LSF – 5

Answer to Question: Pleading, Contents of Plaint & Written Statement, and Grounds for Rejection of Plaint

I. Pleading (Defined in Order 6, CPC)

A. Definition: ‘Pleading’ refers to the formal written statement by a party in a civil suit. It includes the plaint (by the plaintiff) and the written statement (by the defendant). Pleadings are crucial as they determine the scope and direction of the litigation.

B. Purpose: Pleadings set out the respective claims and defenses of the parties, providing clarity and precision to the matters in dispute.

II. Contents of Plaint (Order 7, CPC)

A. Key Elements:

  1. Name of the Court: Identification of the court where the suit is filed.
  2. Parties’ Names: Names, descriptions, and addresses of parties.
  3. Cause of Action: Facts constituting the cause of action and when it arose.
  4. Jurisdiction: Statement on jurisdiction of the court.
  5. Relief Sought: Details of the relief or remedy sought by the plaintiff.
  6. Value of Subject Matter: Where necessary, the value of the subject matter of the suit.

III. Contents of Written Statement (Order 8, CPC)

A. Key Elements:

  1. Specific Denial: The defendant must specifically deny allegations they dispute.
  2. New Facts: Introduction of any new facts supporting the defense.
  3. Counterclaim: Any counterclaim or set-off against the plaintiff’s claim.

IV. Grounds for Rejection of Plaint (Order 7, Rule 11, CPC)

A plaint may be rejected on the following grounds:

  1. Non-Disclosure of Cause of Action: If the plaint does not disclose a cause of action.
  2. Relief Claimed is Undervalued: If the relief claimed is undervalued and the deficiency is not rectified.
  3. Insufficient Court Fees: If the required court fee is not paid.
  4. Barred by Law: If the suit appears to be barred by any law.
  5. Previous Suit Disposal: If the matter is already adjudicated in a previous suit.
  6. Non-Compliance with Law: If it is not filed in compliance with the requirements of the law.

In conclusion, pleadings, consisting of the plaint and written statement, form the foundation of a civil suit, setting out the claims and defenses of the parties involved. A plaint can be rejected on specific grounds such as non-disclosure of a cause of action or insufficiency of court fees, as outlined in Order 7, Rule 11 of the CPC​​.