Civil Pleadings (Plaint, Written Statement, Injunctions) notes — Unit 2

A Plaint is the statement of claim presented by the Plaintiff. It is the document that initiates a civil suit.

⇒Mandatory Particulars (Order VII, Rule 1)

Every plaint MUST contain the following particulars:

• (a) The Name of the Court: (e.g., "IN THE COURT OF THE SENIOR CIVIL JUDGE, DELHI").
• (b) Description of Plaintiff: Name, description (father/husband's name), and place of residence.
• (c) Description of Defendant: Name, description, and place of residence (so the court can issue summons).
• (d) Statement of minor/unsound mind: If either party is a minor or person of unsound mind, a statement to that effect.

• (e) Cause of Action: The facts constituting the cause of action and when it arose. (Crucial for limitation period).
• (f) Jurisdiction: Facts showing that the Court has jurisdiction (both territorial and pecuniary).
• (g) Relief Claimed: The specific relief the plaintiff claims (e.g., Recovery of Rs. 5 Lakhs, or Eviction of tenant).
• (h) Set-off / Relinquishment: If the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed/relinquished.
• (i) Valuation: A statement of the value of the subject-matter of the suit for the purposes of jurisdiction and of court-fees.

⇒Verification

At the end of the plaint, the plaintiff must sign a "Verification" clause, stating which paragraphs are true to their personal knowledge, and which are based on information believed to be true.

A standard structure for a suit for recovery of money:

IN THE COURT OF THE CIVIL JUDGE, [CITY]
Suit No. _______ of 202X

A.B. (Name, Age, Address) .................. PLAINTIFF
                  Versus
C.D. (Name, Age, Address) .................. DEFENDANT

SUIT FOR RECOVERY OF RS. 5,00,000/-

The Plaintiff most respectfully showeth:
1. That the Plaintiff is a businessman dealing in textiles...
2. That on [Date], the Defendant approached the Plaintiff for a friendly loan...
3. That the Plaintiff transferred Rs. 5,00,000/- via NEFT...
4. That the Defendant promised to repay within 6 months...
5. That despite repeated demands and a legal notice dated [Date], the Defendant has failed to pay...
6. CAUSE OF ACTION: The cause of action arose on [Date of default]...
7. JURISDICTION: The loan was given in [City], hence this Hon'ble Court has territorial jurisdiction...
8. VALUATION: The suit is valued at Rs. 5 Lakhs for jurisdiction and court fee of Rs. [X] is paid...

PRAYER:
It is therefore prayed that a decree for Rs. 5,00,000/- along with interest @ 12% p.a. be passed in favor of the Plaintiff...

[Signature of Plaintiff]
[Verification Clause]

The Written Statement (WS) is the defendant's reply to the plaint. It is the defendant's pleading.

⇒Time Limit (Order VIII, Rule 1)

The defendant MUST file the WS within 30 days from the date of service of summons on him.

(The court can extend this time up to a maximum of 90 days from the date of service of summons, but only for reasons recorded in writing).

⇒Rule of Specific Denial (Rule 3 & 4)

This is the most critical rule of drafting a WS. The denial must be specific, not evasive.

If a plaint says "The defendant borrowed Rs. 50,000 on 1st Jan", the WS cannot just say "Paragraph 5 is denied." That is evasive. The WS must say "It is denied that the defendant borrowed Rs. 50,000 or any other sum on 1st Jan or any other date."

What happens if the defendant forgets to deny a specific allegation made in the plaint?

⇒Constructive Admission

Every allegation of fact in the plaint, if not denied specifically or by necessary implication, or stated to be not admitted in the pleading of the defendant, shall be taken to be admitted.

(Meaning: Silence is treated as an admission in civil law pleadings. If Plaintiff writes 10 paragraphs, the Defendant MUST respond to all 10. If they skip para 6, the court assumes they admit whatever is written in para 6).

⇒Set-off and Counter-Claim

In the WS, the defendant can not only defend themselves but also claim money back from the plaintiff (Set-off under Rule 6) or file an independent cross-suit (Counter-claim under Rule 6A).

A civil trial can take years. What if the defendant tries to sell the disputed property or tear down the wall during the trial? You need immediate court intervention. This requires drafting an Interlocutory Application (IA).

⇒Application for Temporary Injunction

Filed under Order XXXIX, Rules 1 & 2 of the CPC. You ask the court to temporarily freeze the status quo until the final judgment.

⇒The Three Pillars to be Pleaded

When drafting an injunction application, the advocate MUST explicitly plead and prove three things to get the order:

• 1. Prima Facie Case: You must show that you have a strong, arguable case on the face of it, and a high probability of winning the main suit.
• 2. Irreparable Injury: You must show that if the injunction is not granted, you will suffer a loss that cannot be adequately compensated by money later.
• 3. Balance of Convenience: You must show that the inconvenience caused to you if the injunction is denied is GREATER than the inconvenience caused to the defendant if the injunction is granted.

Every Interlocutory Application (like the injunction application) MUST be supported by a sworn Affidavit.

⇒What is an Affidavit?

An affidavit is a written statement sworn on oath before a Notary Public or Oath Commissioner. It is treated as evidence (subject to cross-examination if required).

⇒Rules of Drafting an Affidavit (Order XIX)

• It must be confined to such facts as the deponent is able of his own knowledge to prove.
• On interlocutory applications, statements of belief may be admitted, provided the grounds thereof are stated.
• It must be drawn up in the first person (e.g., "I, A.B., do hereby solemnly affirm and declare...").

⇒Summary of Master Concepts

• Plaint (O.VII): Must contain Court name, parties' details, cause of action, jurisdiction, valuation, and prayer.
• Written Statement (O.VIII): Must be filed in 30 days. Denials must be specific. Non-denial = Admission (Doctrine of Non-Traverse).
• Temporary Injunction (O.XXXIX): Requires pleading a Prima Facie case, Irreparable injury, and Balance of convenience.
• Affidavit (O.XIX): A sworn statement of personal knowledge supporting the application.

⇒University Exam Tips for this Unit (Premium Advice)

• Drafting Questions: Exams often ask you to "Draft a Plaint for Recovery of Money" or "Draft an application for Temporary Injunction." Memorize the skeleton structure provided in page 3. The exact facts don't matter as much as getting the headings (Cause of Action, Jurisdiction, Valuation, Prayer) right.
• Evasive Denial: Be prepared to write a short note on evasive denial. Quote the rule: "Denial must be specific, otherwise it is deemed to be admitted."