Civil Procedure Code (hereinafter referred to as CPC) is a procedural law that provides the procedure regarding the civil proceedings, which means if a person’s civil legal right is violated then how, where, till what time, in what manner such aggrieved person shall bring the suit before the court.
PLAINT
Civil proceedings start with the filing of a plaint before a proper court by the plaintiff. According to section 26 of CPC read with Order 4 and Order 6 Rule 15 CPC such plaint should be filled along with the affidavit.
Plaint is a document in which the plaintiff states the following –
- Cause of action means the existence of right and violation of his right
- The subject matter of the suit like any property (movable or immovable) etc.
- Title of the parties means in which legal capacity a person has filed a suit.
- Matter in issue means how the person has acquired that right like succession, inheritance, ownership etc.
- And most important relief means what that aggrieved person seeking from the court.
WRITTEN STATEMENT
Provision regarding written statement given under Order 8 of CPC which was filled by the defendant in reply to the plaint. The defendant is required to file a written statement within a period of 30 days from the date of service of summon to the defendant and this period may further extend to 90 days. In a written statement defendant replies to the allegation made by the plaintiff in his plaint and on the basis of admissions and denial of the defendant court does the settlement of issues, and if the defendant failed to file a written statement, then the court deem that defendant has admitted all the allegation of the plaintiff and court may on its discretion pass the judgment forthwith.
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