Forms of Pleadings under the Civil Procedure Code (CPC)

Civil Procedure

Explains the forms of pleadings under the Civil Procedure Code (CPC), including plaints, written statements, set-offs, and counter-claims, their structure, essential requirements, and importance in civil proceedings.

10 November 2025

1. Introduction

Pleadings form the foundation of every civil proceeding. They are the formal written statements in which parties to a suit set out their claims and defences. Order VI of the Civil Procedure Code (CPC) governs the general principles of pleadings, while Orders VII and VIII lay down their specific forms — the plaint and the written statement. The purpose of pleadings is to define the issues in controversy and to ensure that both parties are fully aware of the case they must meet.

2. Meaning and Purpose of Pleadings

Pleadings refer to the formal documents in which the parties state the material facts of their case. According to Order VI, Rule 1 CPC, “pleading” means a plaint or a written statement. They should contain a concise statement of material facts, not evidence or legal arguments. The goal is to narrow down the disputes and provide the basis for framing issues under Order XIV.

  • To give fair notice of the case to the opposite party.
  • To prevent surprises during trial.
  • To confine the evidence and arguments to matters pleaded.
  • To assist the court in understanding the scope of the dispute.

3. Forms or Types of Pleadings

Under the CPC, the main forms of pleadings are:

  1. Plaint – filed by the plaintiff to initiate a suit (Order VII CPC).
  2. Written Statement – filed by the defendant in response to the plaint (Order VIII CPC).
  3. Set-off – a defensive plea by which the defendant claims adjustment of a debt or demand due from the plaintiff (Order VIII, Rules 6–7).
  4. Counter-Claim – an independent claim made by the defendant against the plaintiff in the same suit (Order VIII, Rule 6A).
  5. Replication or Rejoinder – filed by the plaintiff in reply to new facts raised in the written statement (not mandatory but permitted).

4. Plaint – The Plaintiff’s Pleading

The plaint is the statement of claim by which a suit is instituted. It sets out the cause of action, facts constituting the plaintiff’s right, and the relief sought. The rules relating to plaints are contained in Order VII CPC.

4.1 Essential Requirements

  • Details of the court and jurisdiction.
  • Names and addresses of the parties.
  • Material facts constituting the cause of action.
  • Reliefs claimed and valuation for court fees.
  • Verification and signature by the plaintiff or authorized agent.

A plaint that fails to disclose a cause of action is liable to be rejected under Order VII, Rule 11(a).

5. Written Statement – The Defendant’s Pleading

The written statement is the formal defence submitted by the defendant, responding point by point to the allegations in the plaint. It is governed by Order VIII CPC and must contain specific denials and facts supporting the defence.

  • All denials must be specific, not evasive (Rule 3).
  • Defendant must state any additional facts on which the defence relies (Rule 2).
  • Failure to specifically deny an allegation is deemed an admission (Rule 5).
  • The written statement must be verified and signed similarly to a plaint (Rule 15).

Timely filing of the written statement is essential — generally within 30 days of service of summons, extendable up to 90 days for sufficient cause as per judicial discretion.

6. Set-Off

A set-off is a reciprocal claim raised by the defendant against the plaintiff’s demand, allowing adjustment of debts between them. Under Order VIII, Rule 6 CPC, a set-off may be claimed where:

  • Both parties hold mutual debts in the same capacity.
  • The claim is for an ascertained sum of money legally recoverable.
  • The amount is within the pecuniary jurisdiction of the court.

Set-off operates as a statutory defence, reducing or extinguishing the plaintiff’s claim to the extent of the defendant’s counter-demand.

7. Counter-Claim

A counter-claim under Order VIII, Rule 6A CPC allows the defendant to assert an independent cause of action against the plaintiff within the same suit. It promotes judicial economy by preventing multiple suits.

A counter-claim must:

  • Arise before or after the filing of the suit but before delivery of defence.
  • Be within the court’s jurisdiction.
  • Be pleaded with the same formal requirements as a plaint.

The court may pronounce a single judgment deciding both the plaintiff’s claim and the defendant’s counter-claim.

8. Replication or Rejoinder

A replication is a reply by the plaintiff to new facts or defences introduced in the written statement. Although not expressly mentioned in the CPC, courts permit filing of replications to clarify disputed facts or rebut new allegations. A replication must be confined to new matters only and cannot introduce a fresh cause of action.

9. Fundamental Principles Governing Pleadings

  • Pleadings must contain material facts only — not evidence or law (Order VI, Rule 2).
  • They must be concise, precise, and free from unnecessary detail.
  • Each pleading must be verified and signed by the party or authorized representative.
  • Pleadings must not be inconsistent with prior admissions or contradictory in nature.
  • Amendments may be allowed under Order VI, Rule 17 to correct or add necessary facts.

The Supreme Court in Virendra Kashinath v. Vinayak N. Joshi (1999 1 SCC 47) and Mayar (H.K.) Ltd. v. Vessel M.V. Fortune Express (2006 3 SCC 100) emphasized that pleadings must clearly disclose the material facts constituting a complete cause of action or defence.

10. Importance of Proper Pleadings

Pleadings ensure procedural fairness and efficiency by providing structure to litigation. Properly framed pleadings help:

  • Define the real issues between parties.
  • Prevent unnecessary delays or multiplicity of suits.
  • Facilitate fair trial by limiting evidence to relevant issues.
  • Enable the court to deliver clear and precise judgments.

11. Conclusion

The forms of pleadings under the CPC — plaint, written statement, set-off, and counter-claim — together form the structural backbone of civil litigation. They define rights, defences, and issues in controversy, ensuring clarity, fairness, and efficiency in the judicial process. Adherence to the principles of proper pleading under Orders VI, VII, and VIII guarantees that civil trials are conducted on clear issues, avoiding confusion and ensuring justice based on well-pleaded facts and law.

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