CPC U-2

10 Marks
Q1. Briefly explain the various stages of suits.
Introduction
ny court case that involves disputes between individuals over money or any other injury to
personal rights are known as civil cases. For a Civil Suit, there are two criterions- the cause of
action and the claim for damages/compensation. The Civil Suit must also fulfil all the conditions
laid down in Section 9 of the Code of Civil Procedure, 1908.

In India, a civil case in initiated when an individual (also known as the plaintiff) claims to have
suffered due to the action of another individual (also known as the defendant) thereafter filing a
complaint. Majority of the suits follow the principles laid down in the Code of Civil Procedure,
1908.

Stages of the Civil Suit as per the Civil Procedure Code, 1908

1) Presentation of the plaint

2) Service of summons on defendant

3) Appearance of parties

4) Ex-party Decree

5) Filing of written statement by the defendant

6) Production of documents by parties

7) Examination of parties

8) Framing of issues by the court

9) Summoning and Attendance of Witnesses

10) Hearing of suits and examination of witnesses

11) Argument

12) Judgment
13) Preparation of Decree

14) Execution of Decree

1) Presentation of the plaint (Order 7 of CPC 1908)

Presentation of the plaint in the court is the first step or starting point of all the pleading in a case
in India. The whole judicial system under the civil law set in motion by the filling the plaint. The
Plaint should consist of the following contents:

 Name of the court where the suit is being brought

 Name and place of residence of the plaintiff

 Name and place of residence of the defendant

 Whether the plaintiff or the defendant is a minor or of unsound mind

 Facts constituting the cause of action and the time it arose

 Facts showing the court has jurisdiction

 Plaintiff’s claims

 The damages in case of money suits

 Proof of the defendant’s liability

 List of the documents submitted with the plaint

2) Issue and Service of Summons on defendant (Order 5)

The second stage is the issue and service of summons on the defendant. Once the suit is
registered, summons is sent by the court to call the person on a specific date whose name is
written in the plaint. Through this, the defendant is notified that a civil proceeding has
commenced against him and he is required to present his defence in the court. The summons is
signed by the judge and sealed with the seal of court. The court may also require the plaintiff to
be present during the appearance of the defendant as well.

3) Appearance of the parties

After the summons is served to the defendant, the next stage is commenced with the appearance
of the parties before the court on a specific date mentioned. The defendant is required to appear
in front of the court, either personally or by a representative. If the defendant fails to appear on
the specified date, the court may proceed ex parte. If the plaintiff is absent on the date, then the
court may dismiss the suit. Where both the parties are not present, the court dismisses the suit.
4) Ex-party Decree (Order 9)

Whenever a defendant fails to appear in front of the court on the specified date, the court may
proceed ex-parte. A decree against the defendant in his absence can be passed under the
following circumstances:

1. Where any party from whom a written statement is required fails to present it within the
mentioned time by the court.

2. Where the defendant has not filed a pleading, the court delivers the judgement based on
the facts that are mentioned in the plaint. (Exception: person with any disability)

3. Where the plaintiff is present and the defendant is not. The court might pass an order that
the suit will be heard ex-parte.

5) Filing of the written statement by the defendant (Order 8)

The defendant is required to file a written statement of his defence within thirty to ninety days, as
allowed by the court. A written statement is a reply statement of the defendant denying all the
allegations that are made against him by the plaintiff in the plaint. The defendant can also make
counter claims in the written statement. In case the defendant fails to file a written statement, the
court may take decisions according to the plaint. The provision of written statement is mentioned
in Order 8 of the Code of Civil Procedure,1908.

6) Production of documents by the parties

After the written statement is filed by the defendant, the next stage of the suit is the production of
documents. Both the plaintiff and defendant are required to file the documents that are in their
possession. However, if the document that the party is relying upon, is not in their possession
then they can apply to the court for the issue of summons to the person in whose possession the
document is.

7) Examination of parties (Order 10)

This is an important stage after appearance. During the first hearing of the suit the court will ask
each party whether they agree to or denies the allegations that are made in the plaint and the
written statement. The questions can be asked orally by the judge. Such agreements or denials
are recorded by the judge in writing. The provisions of this stage are mentioned in Order 10 of
the Code of Civil Procedure, 1908.

8) Framing of issues by the court (. Order 14)

The stage following the examination of parties is the framing of issues. This step is exclusively
dealt by the judge. Issues arise when a party denies the allegations of the other party. Each
allegation becomes an issue and judgment is delivered individually on the issues. If the
defendant does not make any defence during the first hearing, then no issues are formed and
judgment is delivered. Order 14 of CPC mentions the provisions regarding the framing of issue.

9) Summoning and Attendance of the witnesses (rder 16)

After the issues are framed, the parties shall present the list of witnesses, to the court, whom they
propose to call either to provide evidence or to produce documents. This list should be presented
on the date appointed by the court and not later than fifteen days after the date on which issues
are settled. The provisions of the same is mentioned in Order 16 of the CPC.

10) Hearing of Suits and Examination of Witnesses

On the date fixed for hearing of the suit, the party having the right to begin should start with
stating his case and producing the evidences to support the issue that he is bound to prove. The
other party will then continue by stating his cases and produce evidences. The plaintiff is
required to submit the evidence that were mentioned earlier. The advocate on the defendant’s
side will then cross-examine the plaintiff and any witness that the plaintiff presents. The same
will be the process in the case of the defendant in which the advocate on the plaintiff’s side will
cross-examine him and any witness presented by him.

11) Argument

After examination of the witness is complete, the suit is kept for argument. In this stage, both the
parties present a summary of the case and evidence in support of the issues in front of the judge
in the final session.

12) Judgement

Judgement is the statement that is passed by the judge on the ground of which a decree is passed.
After hearing both sides of the case, the court shall announce the judgement either immediately
or within one month of the completion of the arguments.

13) Preparation of Decree

After the judgement is delivered, the next step is the preparation of the decree by the concerned
clerk. The decree shall agree with the judgement and should contain the number of the suit,
names and descriptions of the parties, their addresses, the claims and the reliefs that have been
granted. Order 20 Rule 6,6A talks about the provisions for the preparation of Decree.

14) Execution of Decree

Through execution, a decree-holder compels the judgment-debtor to carry out the mandate of the
decree or order as the case may be. An execution is considered to be complete when the creditor
gets the money or other claims awarded to him by judgement, decree or order.
Conclusion
Unlike the criminal cases which aims at serving punishments, a civil suit pursues compensation.
It should also be kept in mind that prior to the final arguments, the parties have a chance to make
changes to their pleading. In such cases, prior permission of the court is necessary. However, if
the above-mentioned procedure is not followed then the registry has the right to dismiss the suit.

Q2. State the modes of service of Summons.

Introduction

To follow the principle of natural justice, when a plaintiff files a lawsuit, the
defendant must be notified that a lawsuit has been filed against him and
that he must appear in court to defend himself.

The word “summons” has not been defined in the Civil Procedure Code.
The intimation sent to the defendant by the court is known as a
summons. Order 5 and sections 27 to 29 of the Civil Procedure Code deal
with summons under civil litigation.

Object of Issuing Summons

The object of issuing summons is to uphold the idea of natural justice and
provide the defendant with the opportunity to say what he has to say
against the prayer made by the plaintiff.

Essentials of Summons
According to Rule 1 and Rule 2 of Order 5 of the Civil Procedure Code, every
summons shall be signed by the judge or the officer appointed by the
court and shall bear the seal of the court. A plaint must accompany every
summons.

Contents of Summons
According to Rule 5 of Order 5 of the Civil Procedure Code, the summons
must state whether the date specified is for the settlement of issues only
or for the final disposition of the suit. The summons should also include
an order requiring the defendant to produce any documents or copies of
documents in his possession or control that he intends to rely on in
support of his case.

Service of Summons
The Civil Procedure Code, 1908 provides for the following modes of service of summons:

1. Service by Court
Order V, rule 9 states that where the defendant or his agent empowered to accept the service resides
within the jurisdiction of the Court in which suit is instituted, the summons shall be delivered or be
sent through the proper officer to be served or sent through a Court-approved courier service. Sub-
rule (3) of this rule states that such a service may be made by delivering or transmitting a copy by
registered post acknowledgement due to either the defendant or such agent by speed post or a Court
approved courier service.

Sub-rule (5) states that return of acknowledgement or receipt signed by the defendant or his agent, or
the return of postal article containing summons along with the endorsement by the relevant postal
officer/employee, of refusal to take delivery shall be declared by the court as due service.

2. Service by Plaintiff
As per the provisions of Order V, Rule 9A, in addition to the service of summons under rule 9, the
Court may, on an application by the plaintiff, permit such plaintiff to affect the service of summons
upon the defendant.

If such service is refused, or if the person served refuses to sign the acknowledgement of service or
for any reasons the summons were not served personally, then, the Court shall reissue such summons
on an application of the party.
 3. Service on Agents
Order V, Rule 13 states that when a suit regarding business or work is filed against a person who
does not reside within the jurisdiction of the Court issuing summons, then the summons being served
on any manager or agent personally carrying out such business or work shall be considered god
service.

Order V, Rule 14 states that when in a suit to obtain relief with respect to immovable property
service cannot be made on the defendant or his agent empowered to accept such service then the
service must be made on any agent of the defendant who is in charge of the property.

4. Service on Adult Member of Family

According to the provisions of Order V Rule 15, where the defendant is absent from his residence at
the time of service of the summons and there is no likelihood of him being found within a reasonable
period of time and he has no agent empowered to accept service on his behalf, the service may be
made to any adult member of the family residing with him.

5. Service When Defendant Refuses to Accept Service

Rule 17 of Order V provides for the procedure when the defendant refuses to accept service or cannot
be found after due and reasonable diligence. In such a case, the serving officer must affix a copy of
the summons on the outer door or some other conspicuous part of the house in which the defendant
ordinarily resides or carries on business or personally works for gain.

The serving officer shall thereafter return the original summons to the Court that issued it along with
his report stating that he affixed the copy, the circumstances under which he did so, and the name and
address of the person who identified the house and in whose presence the copy was affixed.

6. Substituted Service
The provisions of Order V, Rule 20 provide for substituted service. Such a mode of service can be
adopted by the Court when it is satisfied that the defendant is keeping away for the purposes of
avoiding service or for any other reason the service cannot be made in an ordinary manner. This legal
position was reiterated in Dhal Singh Kushal Singh v Anandrao Kakde.

As per this rule, the Court shall order that a copy of the summons be affixed on some conspicuous
place in the Courthouse and also on some conspicuous part of the house in which the defendant is
known to have last resided or carried on business or personally works for gain.

The court can also order service by advertising in a daily newspaper that is circulated in the locality
in which the defendant is known to have last resided, or carried on business or personally works for
gain.

In Chandergupt Arora v Smt Shaheen Khan & Others, the Court was of the view that service
through publication is an extraordinary step. Before adopting such a mode, the Court must be
satisfied that either the defendant is purposefully avoiding the receipt of summons or it is not
possible to serve the summons in an ordinary manner. The court also observed that in these days of
mechanical life, the premises were locked at a certain point of time cannot be the sole ground for
permitting substituted service.
7. Service When Defendant Resides Within Jurisdiction of another Court
When the summons is to be served upon a defendant residing in the jurisdiction of another Court,
then, as per Rule 21 of Order V, the Court issuing the summons may send it to the other Court
through one of its officers or by post, or by Court-approved courier service or by fax message or
email.

8. Service on Defendant in Prison

Rule 24 of Order V of CPC states that when a defendant is confined in a prison, then, the summons
may be sent or delivered to the officer in charge of the prison by post, courier, fax message, email or
any other means as provided under the rules made by the High Court.

9. Service of Summons Abroad

As per Rule 25 of Order V, when the defendant resides out of India and has no agent in India
empowered to accept service, then, the summons shall be sent to the defendant at the place where he
is residing and send the same to him by post, courier service, fax message, or email.

Q3. What are costs? Explain the different types of costs awarded in civil cases.

Introduction
According to Black’s Law Dictionary “costs is a pecuniary allowance made to the successful party for his
expenses in prosecuting or defending a suit or a distinct proceeding with a suit”[1]. Cost are an
allowance to the party for expenses incurring in prosecuting or defending a suit, an incident to the
judgment. In England the term is also used to designate the charges which an attorney or solicitor is
entitled to make and recover from his client, as his remuneration for professional services, such a legal
advice, attendances, drafting, conducting legal proceedings etc.

Costs under CPC (Section 35)

Section 35 of the Code of Civil Procedure contains the provision as to costs. The cost of an incident to all
suits are in the discretion of the Court and the court shall have full power to determine by order out of
what property and what extent such costs are to be paid. All necessary direction for these purposes will
be given by the court. Where the Court directs the costs are not to follow the events the court shall give
it in writing.

Kinds of costs:
The code provides for the following kinds of costs:

1) General costs-Section 35;

2) Compensatory costs for false and vexatious claim or defences-Section 35-A;

3) Costs for causing delay-Section 35-B

4). Miscellaneous costs-Order 20-A

(1) General costs: Section 35:

The object of section 35 is to award costs to a litigant is to secure to him the expenses incurred by him in
the litigation. It neither enables the successful party to make any profit out of it nor punishes the
opposite party. The general rule relating to cost is that cost should follow the event, i.e. a successful
party must get the costs and the losing party should pay the other side.

Principals:

The primary rules in respect of award of general cost are as under:

a) Costs are at the discretion of the court. The said discretion must be exercised on sound legal
principles and not by caprice, chance or humour. No hard and fast rules can be laid down and the
discretion must be exercised considering the facts and circumstances of each case.

b) Normally, costs to follow the event and the successful party are entitled to costs unless there are
good grounds for depriving him of that right. To put it differently the loser pays costs to the winner.
However it does not always depend on who wins and losses in the end. Even a successful party may be
deprived of costs if he is guilty of misconduct or there are other reasons to do so. Sub-section (2) of
section 35 expressly provides that when the court orders that cost should not follow the event, it must
record reasons for doing so.

(2) Compensatory costs: Section 35-A:

The object of Section 35-A is to provide for compensatory costs. This section is an exception to the
general rule on which Section 35 is based, that the “costs are only in indemnity, and never more than
indemnity”. This section intended to deal with those cases in which Section 35 does not afford sufficient
compensation in the opinion of the court. Under this provision, if the court is satisfied that the litigation
was inspired by vexatious motive and was altogether groundless, it can take deterrent action. This
section only applies to the suit and not to the appeals or to the revisions.

The following conditions must exist before this section can be applied:

a) the claim or defence must be false or vexatious;

b) objections must have been taken by the other party that the claim or defence was false to the
knowledge of the party raising it ; and

c) such claim must have been disallowed or withdrawn in whole or in part.

Maximum amount: The maximum amount that can be awarded by the court is Rs 3000.But the person
against whom an order has been passed is not exempt from any criminal liability. In a subsequent suit
for damages or compensation for false claim or defense, the court will take into account the amount of
compensation awarded to the plaintiff under this section.

Other Liability: A person against whom a order of costs is made is not exempted from any other
liability in respect of false claim or defense made by him.

Appeal: An order awarding compensatory costs is appealable. But no appeal lies against an order
refusing to award compensatory costs. Since such an order can be termed as “case decied”,a revision
lies.

(3) Costs for causing delay: Section 35-B:

 Section 35-B is added by the Amendment Act of 1976. It is inserted to put a check upon the delaying
tactics of litigating parties. It empowers the court to impose compensatory costs on parties who are
responsible for causing delay at any stage of the litigation. Such costs would be irrespective of the
ultimate outcome of the litigation. The payment of cost has been a condition precedent for further
prosecution of the suit, if the party concerned is a plaintiff and the defence , if he is a defendant.

The provisions of this Section are mandatory in nature and therefore the court should not allow
prosecution of suit or defence, in the event of partly failing to pay costs as directed by the court. If a
party is unable to pay costs due to circumstances beyond his control , such as strike of advocates or staff
, declaration of the last day for payment of costs as holiday, etc. the court can extend the time.

Very recently in Ashok Kumar v. Ram Kumar , the Supreme Court observed that the present system of
levying meagre costs in civil matters is wholly unsatisfactory and does not act as a deterrent to luxury
litigation . More realistic approach relating to costs is the need of the hour

(4) Miscellaneous costs: Order 20-A:

Order 20-A makes specific provisions with regard to the power of the court to award costs in respect of
certain expenses incurred in giving notices, typing charges, inspecting of records, obtaining copies and
producing witnesses.

Conclusion
Sections 35,35-A,35-B and Order 20 A were formed with the objective of awarding costs in order to
avoid delay in disposal of suit and to check unnecessary adjournments. Under section 35 court can
award cost even suo motu and also there is no ceiling limit of amount of cost. The cost ordered should
be actual reasonable costs including cost of the time spent by successful party, the transporting, lodging
or any incidental cost besides the payment of court fee, lawyer’s fee and any other cost relating to the
litigation. The award of costs should always be according to the discretion of the court.

Q4. Discuss what are Pleadings and its fundamental rules

Introduction

The art of framing the document in which party to civil suits make their claims i`1s known as
pleadings as per the rules mentioned in the civil procedure code, it must be ascertained that all
the claims in the pleadings must be in a specific format as per the rules mentioned in order 6 of
CPC.

The content of the pleadings must be written in such a way that they must ascertain the original
issue specifically and must be narrowed in such a way that the issue specifically points toward
the cause of the action of the incident.

Fundamental rules of pleading:

As aforesaid mentioned all the rules for the pleadings are mentioned in order6 which states four
basic rules as
 1. The facts must be stated in every pleading not law
2. Facts must be incidental to the Cause Of action
3. All the material facts should only be mentioned
4. The fact be mentioned, not the Evidence on which it relied on
5. Facts must be concisely mentioned

1. Fact only, not law – The first rule Is that the law and the mixed question of the law or the fact must
not be mentioned only the important facts which are related to the cause of the action are to be
mentioned.

As all the applicable laws are decided by the judge itself, But where the fact is based on some
statute the same must be mentioned including in the pleading itself. The reason for not
mentioning the law in the pleading is that As it is the duty court to examine all the facts of the
case and then applies the law to the fact of the case. The parties to the suit are open to mention
law at any stage of the suit, Even though they are not mentioned in the pleading. The legal effect
of the law is not barred by this rule.

2. Cause of action – All the facts scribbled in the plaint must be based on some cause of action.
In the substantive law for the framing of the issue, it is very important to have the cause of action
which decides the right of the plaintiffs and the act of the defendant violating the right or the
title. All the facts related to the cause of the action must be mentioned with very certainty.

3. Material Facts – As per order 6 rule 2 of the CPC state that only material fact is to be
mentioned only. Now the question arises what are material facts? The facts which are essential
to the plaintiff’s cause of action or the defendant’s defense which each party must prove. In the
other way, we can say that a fact becomes the material for the pleading of a party which he is
bound to prove unless admitted. Where the material facts are not present, neither the party is
allowed to ask nor the court to give their decision on those material facts.

4. Facts, Not evidence – The material facts on which parties rely are the fact probantia these are
the facts that need to be proved by the parties, and the evidence or the facts by which they are
proved are called fact probandum. Fact probandeum are not the facts in issue but only relevant
facts will be proved at the trial to prove all the facts in issue. There are some cases in which it is
hard to find material facts in these cases they are established by these statements and the
evidence to prove their existence.

5. Concise and precision – To have a good claim it must be stated in the summary and the para
format and the unnecessary details must be omitted. Only the relevant and the related facts are
mentioned in the active voice is preferred as possible and having the quality of both concise and
precise.

Conclusion –

Procedural law is made to facilitate the process of justice. The rules of pleading are merely for
the court and the other side party to know what is the claim they are seeking for. Rules of the
pleading are intended to be the basics of a fair trial and for reaching a reasoned decision. So, the
court must implement them.

Q4. Briefly describe the different parts of plaint

What is Plaint in CPC?
The 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.
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.

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.

Q5. Elucidate the essentials contents of a written

statement?

What is a Written Statement?

In the context of the Code of Civil Procedure (CPC), a written statement is a
formal legal document filed by the defendant in response to a plaintiff’s
complaint or petition. This document serves to outline the defendant’s defences,
denials and counterclaims, if any. The written statement should be concise and
focus on the key issues in the case. It is a crucial part of the legal process and
helps shape the direction of the lawsuit.

The defendant is required to admit or deny each allegation made by the plaintiff
and present any affirmative defences they may have. Additionally, if the
defendant has any claims against the plaintiff, these may be included as
counterclaims in the written statement. It’s essential to adhere to the legal
requirements and deadlines when filing a written statement in accordance with
the CPC.

Components of Written Statement Format

Here are the key components typically found in a written statement format
according to the CPC:
  Title: The title should clearly state that it is a “Written Statement” filed
under the CPC. It should also include the case number and the names of
the parties involved.
 Introduction: Begin with an introductory paragraph that identifies the
defendant, their address and their role in the case.
 Background: Provide a brief background of the case, including the plaintiff’s
claims and the circumstances that led to the lawsuit. Mention the court
where the case is filed.
 Response to Allegations: Respond to each allegation made by the plaintiff in
their complaint. Clearly indicate whether the defendant admits, denies, or
lacks knowledge of each specific allegation. Use a numbered list for clarity.
 Affirmative Defenses: Include any affirmative defences that the defendant
wishes to raise. These are legal arguments that, if proven, could excuse the
defendant from liability.
 Counterclaims: If the defendant has any claims against the plaintiff arising
from the same set of circumstances, these should be presented as
counterclaims in the written statement.
 Witnesses and Evidence: Mention any witnesses or evidence the defendant
intends to rely on during the trial to support their defence.
 Legal Citations: If there are relevant legal statutes, case law, or precedents
that support the defendant’s position, reference these in the written
statement.
 Relief Sought: Clearly state what the defendant seeks from the court. This
may include a request for the case to be dismissed, a specific judgment, or
any other appropriate relief.
 Verification: The written statement should typically be verified by the
defendant or their legal representative, confirming that the contents are
true and correct to the best of their knowledge and belief.
 Date and Signature: Sign and date the written statement and include the
name and designation of the person signing it.
 Annexures: Attach any relevant documents, exhibits, or evidence that
support the defendant’s case. Refer to these in the written statement.

6 Marks
 Q1. Return of plaint.
Introduction:-
The provisions regarding the return of plaint are provided under the
Order 7 Rules 10, 10A, 10B, CPC, 1908. The court, if it found that it does not have
jurisdiction in the suit, can return by an order that the plaint to be presented in the
proper court. The defect of jurisdiction can be of territorial, Pecuniary or Subject
matter.
Return of Plaint:-
Return of Plaint means when a court found that in any suit
presented before it has no jurisdiction to try it, then the trial court may, by the order of
returning the plaint, may return the plaint to be presented to the proper court.
Procedure for returning the Plaint:-
On the returning of the plaint, the court is
required to endorse on the plaint the following particulars [Rule 10 (2)]:-
1. Date of Presentation
2. Date of Returning
3. Name of the party which presented the plaint
4. Reasons for returning the plaint.
Grounds for return of plaint:-
The court shall return a plaint on the following
grounds:-
Court has no jurisdiction:-
The term jurisdiction refers to the legal authority,
to do justice in accordance with the means provided by law and subject to the
limitation imposed by law. The court should return the plaint when it has no
jurisdiction to try it.
Objection to jurisdiction:-
If the party to the suit has any objection as to the
jurisdiction of the court, the court may return the plaint.

Power of court to fix a date of appearance in the court where plaint is to be filed
in proper court after its return:-
Where in any suit, after the defendant has appeared, the court is of opinion that
the plaint should be returned due to non-jurisdiction, it shall, before doing so, intimate
its decision to the plaintiff. [ R 10-A (1)].
On receipt such notice, the plaintiff may apply to the court specifying the court
in which he proposes to present the plaint after its return, praying that the court may
fix a date for the appearance of the parties in the said court, and requesting that the
notice of the date so fixed may be given to him and to the defendant. [R 10-A (2)]
 Where an application is presented by the plaintiff as aforesaid, the court shall,
before returning the plaint and notwithstanding that the order for the return of plaint
was made by it on the ground that it has no jurisdiction on the matter prescribed in
plaint:-
a.) Fix the date for the appearance of the parties in the court in which the plaint is
proposed to be presented, and
b.) Give to the plaintiff and to the defendant notice of such date for appearance. [R10-
A(3)].
Where the notice of the date for appearance is served, it shall not be necessary
for the court in which the plaint is presented after its return, to serve the defendant
with a summon for appearance in the suit, unless the court, for reasons to be recorded,
otherwise directs. [ R.10-A (4)].
Rule 10-B:-
This rule has been added to Order 7 with a view to empowering the
court hearing an appeal against an order of return of plaint to direct that, instead of the
plaint being returned, the suit may be transferred to the court in which it should have
been instituted. Further, the provisions for abolish the necessary for serving the
summons on the defendants, where the order of return of plaint was made after the
appearance of the defendants in the suit.
Amar Chand v. Union of India, AIR 1973 SC 313
It was held that when a plaint is filed in the proper court, after getting it back from the
wrong court, it cannot be said to be a continuation of the suit and the suit must be
deemed to commence when a plaint is filed in the proper court.
The order of returning the plaint is appealable under Order 43 Rule 1.
Conclusion:-
As per the above-stated matter, it can be said, that jurisdiction of the
court is necessary, to obtain adjudication and the decision of court without jurisdiction
is a nullity in the eyes of the law, and not binding of anyone, though this is subject to
the exceptions of section 21 of CPC.

Q2. Set- Off

Set-off
 When the plaint includes the issue of recovery of debts, set-off can be incorporated into
the written statement.
 Set-off is not defined in the Code of Civil Procedure, 1908 (CPC), its gist is borrowed
from interpretation in judicial precedents.
o In the case of recovery of debts if defendant has a reciprocal claim, he can claim
through the process of set-off.
Order VIII Rule 6 of the CPC states the particulars of the set-off to be given in the written
statement. The provision states following ingredients: -
The defendant may submit a written statement containing the amount as debt to set off at the
first hearing of the suit and not afterwards.

It was held by Kerala High Court in Sukumaran v. Madhvan (1982) that only suit for recovery
of money is eligible for crossclaim in the form of set-off.

Illustration:
A filed a suit against B claiming that he had taken Rs. 50,000 from him and the amount
has become due. Now, B has also claimed that A has taken Rs. 20,000 from B and the amount
is due as a debt. In such a scenario, both parties are mutually indebted to each other, and they
both have to pay off the debts due to each other. Instead of filing a fresh suit altogether, B files a
set-off claim along with the written statement in response to the plaint filed by A for those Rs.
20,000 due.

Essentials of Set-off
 Defendant has the right to claim.
 The plaint must be for the recovery of debts.
 The debt amount must be definite and mentioned.
 The amount must be of a recoverable nature.
 It must be within the pecuniary limit of the court.
 Both the parties must fill the same character as mentioned in the plaint.

Types of Set-off
There are two types of Set-off as mentioned below: -
 Legal Set-off
o Order VIII Rule 6(1) CPC discusses the Legal Set-off.
o The amount must be mentioned for the legal set-off.
o The amount must be of a recoverable nature.
o Defendant must pay court fees for the process.
o The set-off under written statement must be filed within the period of
limitation prescribed.
 Equitable Set-off
o It is present in a vague manner under Order XX Rule 19(3).
o The doctrine is based on the principle of ‘Equity, Justice and Good
Conscience’.
o It is governed by the English law.
o It is a claim for an unascertained amount of money.
o It must arise out of the same transaction or connected with the transaction of
money claimed in the petition.
 o In the case of Maharashtra State Farming Corporation Ltd v. Belapur Sugar
and Allied Industries Ltd (2004), it was held that the amount claimed must be
out of the same transaction and must not be barred by time in the equitable set-off.
o It is based on the discretion of the court of law.
o Defendant may or may not pay the court fees.

Q3. Counterclaim
 It is enshrined in Order VIII Rule 6A – 6G of the CPC.
 The 27th Law Commision Report of 1964 recommended to set-up a right to file
counterclaim in the civil procedure a right for the defendant.
 As an aftermath of the recommendation, CPC (Amendment) Act, 1976 added rules 6B
to 6G to the existing act.
Concept of Counterclaim
 It is a claim which is independent in nature or can be separated from the claim of the
plaintiff.
 When the cause of action arises against the plaintiff the defendant gets the right to
submit that claim along with the written statement.
 It is considered as a plaint by the defendant against the claim of the plaintiff and is dealt
with in the same manner as a plaint.
 Furthermore, the plaintiff has an opportunity to file a written statement against the
plaint consisting of the counterclaim.
 The Supreme Court held the right to file a counterclaim a statutory right, in Laxmidas
v. Nanabhai (1964).
 The Delhi HC in the case of Gastech Process Engineering Pvt. Ltd. v. Saipem
(2009) deciphered it as a weapon in the hand of the defendant.
Purpose of Counterclaim
 To stop the multiplicity of suits.
 To save the time of the court of law.
 To make the civil procedure convenient for parties.
 To make the timely trials.
Time of Filing Counterclaim
 A counterclaim can be filed in three situations aligned below: -
 before or after filing the suit,
 before the defendant has delivered his defence,
 before the time limited for delivering his defence, expired.
Modus of Filing Counterclaim
 By amending written statement with the leave of the court and setting up counterclaim;
 By mentioning into the subsequent pleading prescribed under Order 8 Rule 9.
Essentials of Filing Counterclaim
 It must be filed by the defendant.
 It must for an independent or a claim that is separable in nature.
 It must be filed against the plaintiff. It can be filed against co-defendants in some
scenarios.
 It must be in respect of any incident that happened before or after the filing of the suit.
 It cannot be filed at the appellate stage before the appellate authority.
Q4.