Plaint & Written
Statement Drafting
Twenty-seven chapter notes covering the drafting of civil pleadings — the mandatory contents of the plaint under Order VII CPC, the mandatory contents of the written statement under Order VIII CPC, the cause-of-action requirement, the specific denial rule, the affirmative defence, the verification, and model drafts for the ten most-tested civil suit types. Cause of action first, relief second, verification third.
Pleadings are the foundation of the trial — every fact must be pleaded.
The plaint and the written statement are the two foundational pleading documents in a civil suit. They define the issues in controversy, the facts in dispute, and the relief sought. The cardinal rule of pleading — ‘pleadings must contain facts, not evidence or law’ — is one of the most-tested principles in judiciary examination. Order VII prescribes the mandatory contents of the plaint; Order VIII prescribes the mandatory contents of the written statement. A plaint that does not disclose a cause of action is liable to be rejected under Order VII Rule 11.
These notes anchor every chapter to its Order VII or Order VIII provision. The most-tested provisions are Order VII Rule 1 (particulars to be contained in the plaint), Order VII Rule 11 (rejection of plaint), Order VIII Rule 3 (denial must be specific), Order VIII Rule 5 (specific denial required for every allegation), Order VIII Rule 6 (set-off), and Order VIII Rule 9 (subsequent pleadings).
Each chapter is designed to be read in twelve to fifteen minutes and to leave the reader with the Order VII or VIII provision, the cardinal pleading rule, a model paragraph or draft, and the leading authority.
How to read these notes
Start with the cause of action.
Every plaint must disclose a complete cause of action — all the facts that the plaintiff must prove to obtain the relief sought. Nothing more, nothing less. The cause of action must arise within the territorial jurisdiction of the court and within the limitation period. A plaint that does not state where the cause of action arose cannot establish jurisdiction.
Deny specifically in the written statement.
Order VIII Rule 5 requires that every allegation of fact in the plaint, if not denied specifically or by necessary implication, shall be taken to be admitted. A bare general denial of the plaintiff’s allegations is no denial at all. Every material fact must be specifically admitted, denied, or explained. A written statement that says ‘the suit is not maintainable’ without specific denial of the facts has admitted those facts.
Test on the leading case.
If you can restate the holding of T. Arivanandam v. T.V. Satyapal, Mayar (H.K.) Ltd v. Owners and Parties, or Udhav Singh v. Madhav Rao Scindia in two sentences, you understand the chapter. If not, return to the statutory section and rebuild from there.
All 27 chapters, in 3 groups
Sequenced through the natural structure of the subject — every chapter sits in a doctrinal cluster.Plaint Fundamentals — Order VII
Order VII Rules 1–11 — the plaint anatomy
Order VII Rule 1 — the fourteen particulars to be contained in every plaint: court, parties, cause of action, jurisdiction, limitation, valuation, relief. Order VII Rule 6 — where time is a bar, the ground on which limitation is claimed to be excluded. Order VII Rule 7 — relief to be specifically stated. Order VII Rule 11 — rejection of plaint on six grounds. The model plaint opening paragraphs with the title block, party descriptions, and jurisdictional averments.
Introduction — Importance of Pleadings in Civil Litigation
PWS · 02Statutory Basis — Order VI, VII, VIII CPC
PWS · 03Drafting of Plaint — Components (Order VII Rule 1)
PWS · 04Cause Title — Court, Suit Number, Parties
PWS · 05Particulars — Names, Descriptions, Addresses (Order VII Rule 1)
PWS · 06Statement of Facts Constituting Cause of Action (Order VII Rule 1(e))
Written Statement Fundamentals — Order VIII
Order VIII Rules 1–9 — the written statement anatomy
Order VIII Rule 1 — the written statement to be filed within thirty days or within the period fixed by the court up to ninety days. Order VIII Rule 3 — denial must be specific, not evasive. Order VIII Rule 5 — failure to deny amounts to admission. Order VIII Rule 6 — set-off in money suits as a specific affirmative defence. Order VIII Rule 6A — counterclaim. Order VIII Rule 9 — subsequent pleadings only with court’s leave.
Place and Date of Cause of Action
PWS · 08Court's Jurisdiction — Pecuniary, Subject-Matter, Territorial
PWS · 09Valuation of Suit and Court Fees (Order VII Rule 1(i))
PWS · 10Reliefs Claimed (Order VII Rule 7)
PWS · 11Verification (Order VI Rule 15)
PWS · 12Annexures and Documents (Order VII Rule 14)
Model Drafts — Ten Suit Types
Complete plaint and WS drafts for common suits
Model plaint and written statement drafts for: (1) suit for recovery of money on a promissory note, (2) suit for recovery of money on an account stated, (3) suit for possession of immovable property, (4) suit for declaration of title, (5) suit for permanent injunction, (6) suit for specific performance of contract, (7) suit for partition of HUF property, (8) suit for dissolution of partnership, (9) summary suit under Order XXXVII, (10) suit for probate of will. Each draft includes cause-of-action paragraph, reliefs paragraph, and verification.