Written Statement vs Counter | Difference Between Written Statement and Counter in Civil Cases (CPC)

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  Written Statement and Counter are actually not very different. Both are reply documents, but the way they are used and referred to in court is slightly different. What is a Written Statement? A Written Statement means the answer or reply document filed by the defendant in a civil case. In a lawsuit, the document in which the defendant gives a reply or response to the plaintiff's case is called a Written Statement . What is a Counter? A Counter is also an answer or reply document. But it is usually filed in petitions or interlocutory applications (I.As) . So, the basic difference is: • Written Statement is filed in the main suit by the defendant. • Counter is filed in petitions or I.A.s related to the suit by the respondent. Who Can File? • Written Statement is filed only by the defendant . • Counter can be filed by both plaintiff and defendant , depending on who is replying to the petition or application as respondent. Content and Coverage • Written Statement ...
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Who is Called a Plaintiff in Civil Cases? Meaning and Role Explained

 

Who is Plaintiff in Civil Suits


From this article you will learn:
• What is a plaintiff in civil law?
• Who is a plaintiff in a civil case in India?
• Who is a plaintiff in India civil cases?
• Who is called a plaintiff in civil cases under CPC 1908?
• Who is a plaintiff in civil law in India?
• Who is a plaintiff in a civil suit?
• Who is a plaintiff in CPC?

Before learning about who is called a plaintiff?, let's see some incidents.
1. You lent 1 lakh rupees to your friend or neighbour with an agreement to return it within 12 months at interest rate 6% but after 12 months your friend or neighbour is not returning your money.what will you do? you will file a civil case against him.
2. Your neighbour who is beside your house is creating some issues, like without your permission breaking your compound wall by saying that you occupied his land and illegally constructed your compound wall on his land.what will you do? you will file a civil case against your neighbour.
3. Some one occupied your open plot and started construction to build a house or constructed a house in that place with fake documents, claiming that the open plot belongs to him (though actually it's yours). what will you do? you will file a civil case against him.

From above incidents we can say in simple words:
The person who files a civil case against another person is called a plaintiff.

Let's learn in detail.

Who is called a Plaintiff?

In civil law or civil case, the word plaintiff is very important. A plaintiff is the person or persons, organisation, company, firm or bank etc, who goes to a civil court because they feel their legal rights have been affected or they have suffered harm or loss. In simple words, the plaintiff is the person who starts a civil case in court. They file a complaint explaining what went wrong and what relief they want from the court.
Civil courts handle many types of disputes, and the plaintiff is the one who asks the court to solve his problem.

Definition of Plaintiff

A plaintiff can be defined as the person or party who brings a civil case before a court by filing a complaint. A civil case starts only when a plaintiff approaches the court. Without a plaintiff, there can be no civil case because the court cannot begin a civil dispute on its own.
The term plaintiff is used only in civil cases. Civil cases include matters related to money, property, contracts, family issues, and other personal disputes.

Role of Plaintiff in a Civil Suit

The plaintiff has an active role in a civil case. He is responsible for starting and taking the case forward. Their main roles include:

• Filing the plaint – The plaintiff must prepare and submit a complaint statement to the court. This statement is called a plaint. It explains the facts of the case, the harm caused, and the type of relief or help they want from the court.

• Collecting and giving evidence – The plaintiff has to collect documents, witnesses, and any other proof to support his case. Evidence is very important because it helps the court to understand the facts.

• Attending court hearings – The plaintiff, or his advocate, must be present in court on every hearing date.

• Paying court fees – When the plaint is filed, the plaintiff has to pay court fees. This is a small amount decided by law and is different for each type of case.

• Proving the case – The main responsibility is to prove the case. The court will decide the matter based on the evidence given by the plaintiff. If the plaintiff fails to prove the case, the court may close the case.


Example of a Plaintiff

Here are some examples to help you to understand who a plaintiff can be:
• If you gave a loan to someone and they did not return it, you can file a civil case to recover the money. You will be the plaintiff.
• If your tenant refuses to leave your house after the rental agreement ends, you can go to court. You will be the plaintiff in that case.
• If your neighbour damages your property, you can approach the court asking for compensation or repair. You will be the plaintiff.
• If a company does not deliver the goods or services you paid for, you can file a civil case. You will be the plaintiff.
• If a builder does not complete the construction of your house on time, you can approach the court as the plaintiff.
Civil cases are of many types, and in every case, the person or organisation who starts the case is the plaintiff.

Who can be a Plaintiff?

Any person, company, partnership firm, or even a government department can be a plaintiff, as long as they have a legal right or interest that has been affected. A minor (a person under 18 years) can also be a plaintiff, but they must be represented by a legal guardian called a next friend.

There can also be multiple plaintiffs in one case. For example, if many people have suffered the same harm from a company, they can join together and file a case as co-plaintiffs.

Why is the Plaintiff Important?

The plaintiff is the backbone of a civil case. The court process begins only when someone approaches the court as a plaintiff. Without a plaintiff, the court has no power to start a civil case on its own.
Because of this, the law places a big responsibility on the plaintiff to present their case properly. If the plaintiff does not provide enough evidence or attend hearings, the case can be dismissed.

Difference Between Plaintiff and Complainant

Many people get confused between a plaintiff and a complainant. The term complainant is generally used in criminal law. For example, if you go to the police to file a First Information Report (FIR), you are called a complainant, not a plaintiff.
In civil law, we use the term plaintiff. For instance, if you file a civil case for recovery of money, you are the plaintiff.

Relevant Legal Provisions in India

In India, the procedure for a civil case is mainly governed by the Code of Civil Procedure, 1908 (CPC). The CPC explains how a plaint should be filed, what details it must contain, and how summons are issued.
Earlier, under the Indian Penal Code (IPC) and Code of Criminal Procedure (CrPC), the term plaintiff was not used because those laws mainly dealt with criminal cases. Now, under the new laws – the Bharatiya Nyaya Sanhita (BNS), 2023 and Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 – the term plaintiff is still not used in criminal law. It remains a term for civil law.

Conclusion

A plaintiff is simply the person or organisation who starts a civil case by filing a plaint in court. They believe that their legal rights have been violated and seek a remedy such as money, possession, or an injunction. The plaintiff must follow the proper legal procedure and provide enough evidence to win the case.
Understanding the role of a plaintiff is important for anyone interested in civil law. Without a plaintiff, no civil case can begin, which is why the law gives them a central place in the judicial process.
Location: Hyderabad, Telangana, India

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