Quick Answer: What Do You Mean By Written Statement?

Set-off.

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Where a debtor has a claim against a creditor, the creditor’s claim is reduced or extinguished by the amount of the debtor’s claim..

What is difference between plaint and petition?

Plaint is referred to as the pleadings submitted by the plaintiff before the court in a suit. … Petition: It is basically associated with cases filed before High Courts, Supreme Court (Writ Petition). It is also filed before Family Court and regular civil court depending upon nature of dispute.

What are the contents of plaint?

Necessary Contents of A PlaintPlaint should contain the name of the commercial or civil court where a suit will be initiated.Plaint should contain details of the plaintiff such as the name, address, and description.Plaint should contain the name, residence, and description of the defendant.More items…•

What is additional written statement?

As filing the written statement is the right of the defendant but the additional statement is based on the discretion of the court. Further, in written statement defendant can put his case also under the heading additional plea, and can state new facts or ground which is necessary to defeat the opponent.

What is pleading distinguish between plaint and written statement?

A plaint is pleading and should conform to the rules of pleading. Along with plaint, plaintiff shall file documents on which he relies for the relief. 15. … Written statement is pleading on behalf of defendant wherein he gives his defence or reply to the allegation made by plaintiff.

What is replication in CPC?

The term replication does not find its place in CPC, however, through various judgements it is observed that in certain cases with the leave of the Court, Plaintiff has been permitted to file a rejoinder to the written statement filled by the defendant, such a rejoinder filled by the Plaintiff is termed as “replication …

What is application for condonation of delay?

Condonation of Delay is the extension of the prescribed period in certain cases; the particular delay has been defined in Section 5. It preferred appeal and application and does not include suit as it is an exception to Bar of Limitation which is defined under the Act.

What is rejoinder in CPC?

Rejoinder. The answer made by a defendant in the second stage of Common-Law Pleading that rebuts or denies the assertions made in the plaintiff’s replication. The rejoinder allows a defendant to present a more responsive and specific statement challenging the allegations made against him or her by the plaintiff.

What is set off under CPC?

Define set-off under CPC, 1908. Set off is reciprocal acquittal of debts. “Set-off” means a claim set up against another. It is a cross-claim which partly offsets the original claim. … By adjustment, set-off either wipes out or reduces the plaintiff’s claim in a suit for recovery of money.

Can a defendant in a suit without filing written statement give evidence?

Evidence can be allowed on behalf of the defendants limited to examination-in-chief and the witnesses cannot be permitted to be cross-examined beyond the pleading of the plaintiffs. … The position of law in such a case is that a defendant, even without filing a written statement, can take part in the hearing of the suit.

How do you write a pleading?

Below are some tips for writing effective pleadings.Know Your Audience. … Know Elements and How to Plead Them. … Refine Your Point. … Give it a Meaningful Structure. … Simplicity over Complexity. … Use Appropriate Headings. … Be Clear in Your Prayer for Relief. … Review the Pleading.More items…•

What is a written statement what should it contain?

WRITTEN STATEMENT (Meaning): Written statement is the defense of the defendants. A ‘defense’ called the written statement ,in general this is a reply of plaint ,in which defendant deny or admit the each and every allegation or facts given in the plaint. Denial or admission must be Para wise and clear.

How do you write a plaint and written statement?

(1) The HEADING:- The plaint should begin with the name of the court in which the suit is brought, Rule 1 (a), Order VII.For example,Note:-place for number should be left blank, which will be filled by the court officials.THE TITLE:- After the heading, title should be written as per Rule 1 (b), Order VII.More items…

Can written statement be filed after 90 days?

The Supreme Court reviewed the provisions of Order V Rule 1 (1), Order VIII Rules 1 and 10 of the CPC, as amended by the Act, and held that under the aforesaid provisions a party is granted 30 days’ time to file its written statement and a grace period of 90 days is provided, wherein, a court can, after recording the …

What is written statement in law?

The written statement is the principal document that gives evidence of the contractual agreement. Employers are under a legal obligation to issue employees and workers with a written statement.