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Posted on Dec 29, 2022 in Other subjects

Plaint
Pleading refers to plaint and written statement. In plaint, plaintiff should allege facts about his cause of action. In fact, plaint consists of some contents, and it is mandatory that such contents should be present in plaint.
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.
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.
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. 


Set-off

Under order 8 of the code a defendant files a written statement in reply of the plaint of the plaintiff, in this if any situation arises where the plaintiff files a suit of recovery of money from the defendant, but at same time defendant also has some debt on the plaintiff, in this case the defendant may claim for the set off the amount against the plaintiff recoverable by him. For the setting off the amount, the defendant has to state the fact in the written statement filed by him. Provisions regarding the set-off have defined under Order 8 Rule 6 of CPC.

 Meaning of set-off :-

 Before starting further we should know about the set-off. Set-off means a claim by the defendant against the plaintiff or a plea in defence 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 other. 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 it may arise:-

Where in a suit for recovery of money by the plaintiff the defendant finds that he has also a claim of some amount against the plaintiff, then he can also file for set-off 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 ascertain, pecuniary demands may be set-off.

Essential conditions:-

A defendant may claim a set-off if he satisfied the conditions follow as under-

1.  The suit must relate to recovery of money;

2.  The sum of money must be ascertained or definite;

3.  Above said sum must be recoverable legally;

4.  The sum of money must be recoverable by the defendant or by all the defendants, in case of more than one defendants;

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 the parties must fill, in the defendant’s claim to set-off, the same character as they fill in the plaintiff’s suit;

Effect of set-off:-

In the claim of 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 set-off, he will stand in the position of the plaintiff in regards to the amount claimed by him. In such case, if the plaintiff doesn’t appear and his suit is dismissed for default, or he withdraws his suit, etc. it does not affect the claim of the defendant for set-off and a decree may be passed by the court in favour of the defendant if he is able to prove his claim.

Conclusion:-

At last, we can say about the set-off, that it is an extinction of debts of which two persons are reciprocally debtor to one another.