Understanding Plaint and Set-Off in Civil Suits

Posted on Dec 30, 2024 in Law & Jurisprudence

What is a Plaint?

A plaint is a written statement of the plaintiff’s claim. In legal proceedings, pleading refers to both the plaint and the written statement. In a plaint, the plaintiff should allege facts about their cause of action. The plaint consists of specific contents, and it is mandatory that these contents be present.

Through the plaint, the plaintiff describes their cause of action and other necessary particulars to seek a remedy from the court for the redressal of their grievances.

Necessary Contents of a Plaint

The following are the necessary contents of a plaint:

  • (i) The plaint should contain the name of the court in which the suit is brought.
  • (ii) The plaint should contain the name, description, and residence of the plaintiff.
  • (iii) The plaint should contain the name, description, and residence of the defendant.
  • (iv) When the plaintiff or defendant is a minor or a person of unsound mind, the plaint should contain a statement to that effect.
  • (v) The plaint should contain those facts which have constituted the cause of action. In addition, it should also describe when the cause of action has arisen.
  • (vi) The plaint should contain those facts which show that the court has jurisdiction.
  • (vii) The plaint should contain the relief which the plaintiff claims.
  • (viii) When the plaintiff has allowed a set-off or has relinquished a portion of their claim, the plaint should contain the amount which has been so allowed or relinquished.
  • (ix) The plaint should contain a statement of the value of the subject matter of the suit, not only for the purpose of jurisdiction but also for the purpose of court fees.
  • (x) The plaint should contain the plaintiff’s verification on oath.

Conclusion on Plaint

In conclusion, a plaint plays an important role throughout the entire trial of any civil suit. It is an admitted principle that no plaintiff can go beyond their plaint. Therefore, no plaintiff can demand what is not claimed in their plaint. Similarly, no plaintiff can produce any evidence which is beyond their plaint.

Set-Off

Under Order 8 of the Code of Civil Procedure (CPC), a defendant files a written statement in reply to the plaint of the plaintiff. If a situation arises where the plaintiff files a suit for the recovery of money from the defendant, but at the same time, the defendant also has some debt owed by the plaintiff, the defendant may claim a set-off of the amount against the plaintiff recoverable by them. For setting off the amount, the defendant has to state the facts in the written statement filed by them. Provisions regarding the set-off are defined under Order 8 Rule 6 of CPC.

Meaning of Set-Off

Before proceeding further, we should understand what set-off means. Set-off means a claim by the defendant against the plaintiff or a plea in defense available to the defendant. It is a cross-claim between the parties to the suit regarding their recovery of money. It is the destruction of the debts of which two persons are reciprocally debtors to one another. As the case may be, where there are mutual debts between the parties (plaintiff and defendant), one debt may be settled against the other.

When a Set-Off May Arise

A set-off may arise when, in a suit for the recovery of money by the plaintiff, the defendant finds that they also have a claim of some amount against the plaintiff. Then, they can also file for a set-off of the said amount. For example, Mahesh sues Rakesh on a bill of exchange for Rs. 1000. Rakesh holds a judgment against Mahesh for Rs. 3000. The two claims, being both definite and ascertainable pecuniary demands, may be set off.

Essential Conditions for a Set-Off

A defendant may claim a set-off if they satisfy the following conditions:

  1. The suit must relate to the recovery of money.
  2. The sum of money must be ascertained or definite.
  3. The aforementioned sum must be legally recoverable.
  4. The sum of money must be recoverable by the defendant or by all the defendants, in the case of more than one defendant.
  5. It must be recoverable from the plaintiff by the defendant.
  6. It must not exceed the pecuniary limits of the court in which the suit is brought.
  7. Both parties must fill, in the defendant’s claim to set-off, the same character as they fill in the plaintiff’s suit.

Effect of a Set-Off

In the claim of a set-off, there are two suits: one by the plaintiff and the other by the defendant against the plaintiff. They are tried together; no separate suit is necessary. In such a case, when the defendant claims a set-off, they will stand in the position of the plaintiff in regards to the amount claimed by them. If the plaintiff does not appear and their suit is dismissed for default, or if they withdraw their suit, it does not affect the claim of the defendant for a set-off, and a decree may be passed by the court in favor of the defendant if they are able to prove their claim.

Conclusion on Set-Off

In conclusion, a set-off is an extinction of debts of which two persons are reciprocally debtors to one another.