Difference Between Plaint and Written Statement

1. Definition

Aspect	Plaint	Written Statement
What is it?	Plaint is the written statement of claim filed by the plaintiff to initiate a civil suit.	Written Statement is the reply filed by the defendant in response to the plaint, containing his defense or denial.
Purpose	To set out the facts and legal grounds on which the plaintiff claims relief from the court.	To answer, admit, deny, or raise defenses against the plaintiff's claim.

Plaint: Governed by Order VII Rules 1 & 2 CPC.

Written Statement: Governed by Order VIII Rule 1 CPC.

Plaint: Filed by the plaintiff (the party who initiates the suit).

Written Statement: Filed by the defendant (the party against whom the suit is filed).

Plaint	Written Statement
Contains the facts, cause of action, and relief sought by the plaintiff.	Contains admissions, denials, defenses, and sometimes counterclaims by the defendant.
Must disclose the jurisdiction and facts establishing the suit.	May include legal objections like lack of jurisdiction, cause of action, limitation, etc.

Plaint	Written Statement
To commence the suit and claim relief from the court.	To defend the suit, either by denying the claim or raising legal defenses.
It sets the foundation of the case for the plaintiff.	It puts the defendant's side of the story on record.

Plaint: Filed at the time of institution of the suit.

Written Statement: Filed within 30 days (usually) from the date of service of summons, extendable up to 90 days in certain cases.

Plaint: Without a plaint, no suit can be initiated. The court has no jurisdiction.

Written Statement: Non-filing leads to ex parte proceedings or a decree against the defendant.

Plaint	Written Statement
Substantive document containing cause of action.	Defensive document responding to plaintiff’s claim.
Sets the case in motion.	Responds to and resists the claim.

Plaint: A claim for recovery of money, eviction, specific performance, etc.

Written Statement: Denial of the claim, plea of limitation, counterclaim, or setting up a defense.

The Supreme Court held that the plaint is the foundation of a suit and must disclose a cause of action.

Without a proper plaint, a suit cannot be entertained.

Held that the written statement is the defendant’s opportunity to present his side.

If not filed, the defendant loses the right to contest.

Emphasized the importance of the written statement in defending and raising legal objections.

The written statement forms part of the record on which the trial proceeds.

Feature	Plaint	Written Statement
Purpose	Initiate suit and claim relief	Defend suit and deny or admit claims
Filed by	Plaintiff	Defendant
Timing	At the time of institution of suit	Within prescribed time after summons
Content	Cause of action, facts, relief sought	Admissions, denials, defenses, counterclaims
Legal Effect	Foundation of suit	Defence record for trial
Consequence of Non-filing	No suit can be instituted	Ex parte decree may be passed