UNIVERSITY OF KARACHI SCHOOL OF LAW

Name: Obaid Khan s/o Malook Khan

Class: L.L.B (3rd Year – 5th Semester)

Seat No 1887036

Subject: CIVIL PROCEDURE CODE 1908

Theory Regarding Plaint and Written Statement

Assignment Topic:

1
s.no Content Page NO

1 Theory of Pleading Doctrine Law and Legal Definition 3-3

2 Origin of word of Plaint 3-3

3 Before drafting a Pliant/Written Statement, especially the 4-4

following Sections of the Code of Civil Procedure, 1908 (Act No. V
of 1908) should be followed:

4 Before drafting a Pliant/Written Statement, especially the 4-4

following Orders of the Code of Civil Procedure, 1908 (Act No. V
of 1908) should be followed:

5 Necessary Contents of Plaint Followings are the necessary 4-5

contents of plaint;

6 Parts of Plaint 5-5

7 Parts of Written Statement (WS) The Written Statement has got 5 5-5
parts:

8 Particulars of a Plaint for Filing 5-5

9 Particulars of a Written Statement (WS) for Filing 6-6

10 Amendment of Pleadings 6-6

11 Conclusion 6-6
Theory of Pleading Doctrine Law and Legal Definition:
Theory of pleading doctrine is a principle that one must prove a case exactly as pleaded. According to
this doctrine, a complaint must proceed upon some definite theory and a plaintiff must succeed on that
thory or not succeed at all

Theory of pleading doctrine is a principle that one must prove a case exactly as pleaded. According to
this doctrine, a complaint must proceed upon some definite theory and a plaintiff must succeed on
that theory or not succeed at all. However this theory has been abolished under the federal rules. Pursuant to
Fed.

What is Plaint?

Plaint is written statement of plaintiff’s claim. Through plaint, plaintiff describes his cause of action and
other necessary particulars to seek remedy from court for redressed of his grievances. In English
practice, A private memorial tendered in open court to the judge, where the party injured sets forth his
cause of action.

Origin of word of Plaint

Middle English: from Old French plainte, feminine past participle of plaindre ‘complain’, or from Old
French plaint, from Latin planctus ‘beating of the breast’.
Before drafting a Pliant/Written Statement, especially the following Sections of the
Code of Civil Procedure, 1908 (Act No. V of 1908) should be followed :

Section 15: Courts in which suits to be instituted Section

16: Suits to be instituted where subject-matter situate Section

17: for immovable property situate within jurisdiction of different Courts Section

18: of institution of suit where local limits of jurisdiction of Courts are uncertain

Section 19: Suits for compensation for wrongs to person or movables

Section 20: Other suits to be instituted where defendants arises or cause of action arises

Section 26: Institution of suits

Before drafting a Pliant/Written Statement, especially the following Orders of the

Code of Civil Procedure, 1908 (Act No. V of 1908) should be followed:

Order 1: Parties to Suits

Order 2: Frame of Suit

Order 3: Recognized Agents and Pleaders

Order 4: Institution of Suit

Order 6: Pleadings Generally

Order 7: Plaint

Order 8: Written Statement and Set-Off Continue Page-2 Page-2

Necessary Contents of Plaint Followings are the necessary contents of plaint;

(i) Plaint should contain name of that court in which suit is brought.

(ii) Plaint should contain name, description and residence of plaintiff.

(iii) Plaint should contain name, description and residence of defendant.

(iv) When plaintiff or defendant is minor or person of unsound mind, plaint should contain a statement to
that effect.

(v) Plaint should contain those facts, which have constituted cause of action. In addition to this, it should
also be described in plaint when cause of action has arisen.
(vi) Plaint should contain those facts, which show the court has jurisdiction. (vii) Plaint should contain that
relief, which plaintiff claims.

(viii) When plaintiff has allowed set off or has relinquished a portion of his claim, plaint should contain that
amount, which has been so allowed or so relinquished.

(ix) Plaint should contain statement of value of subject-matter of suit not only for purpose of jurisdiction,
but also for purpose of court-fees.

(x) Plaint should contain plaintiff’s verification on oath.

Parts of Plaint

The Plaint has got 8 parts:

1. Cause Title

2. Statements showing cause of action

3. Particular date of cause of action Statement about Jurisdiction

4. Relief or Prayer

5. Valuation of Statement

6. Schedule in the Case of Immovable Property

7. Verification

Parts of Written Statement (WS) The Written Statement has got 5 parts:

1. Cause Title

2. Objection as to point of law

3. Para wise denial

4. Actual Fact

5. Verification Parts of Plaint & Written Statement,

Particulars of a Plaint for Filing

1. Plaint

2. Firisti Form with all supporting Documents with date

3. Process Fee-Minimum 2 Taka

4. A copy of Plaint is to submit for each Defendant

5. Summons, 3 Copies for each Defendants

(a) Served by Peada, (Pricess lserver)

(b)Served by Post Office Copy (Reserved in the office with paint)

6. Postal Stamp with Registered with A/D form and Postal Stamp of 8 Taka

7. Vokalatnama

Particulars of a Written Statement (WS) for Filing

1. Written Statement

2. Firisti Form with all supporting Documents with date

3. 3 copy of Written Statement for each Plaintiff

4. Vokalatnama

Amendment of Pleadings

Amendment of pleading is possible in any stage of the suit with the permission of the

Court. Order VI, Rule 17 of the Code of Civil Procedure, 1998. Even amendment of

Pleading is also possible in appeal stage, but it must be before delivery of judgment.

Conclusion

To conclude, it can be stated that plaint plays important role throughout whole trial of any

civil suit. It is admitted principle that no plaintiff can go beyond his plaint. Therefore, no

plaintiff can demand what is not claimed in his plaint. Similarly, no plaintiff can produce

any evidence, which is beyond his plaint.