This article is written by Riya Singh, BALLB 4th year. This article is based on the Plaint under Civil Procedure Code.
What is Plaint?
In order to conduct proceedings before The honourable Court of law, the firing of a plaint is the primary and mandatory requirement of the process of initiating a suit. The main objective of the plaint is to demonstrate the wants of the plaintiff. A plaint is also known as a pleading and is a document of law containing the plaintiff’s written statement mentioning his claims. It has been stated under section 26 of the code of civil procedure that each and every suit shall be instituted by presenting a plaint or in any such manner as have been prescribed already. It can be clearly understood by the text of this section that the plane is a necessary and basic requirement of a suit to be instituted before a court. A plaint has been dealt with under order 7 of the civil procedure code. Order 7 is constituted of 18 rules, of which-
1)The particulars to be mentioned in a plaint are provided under rules 1 to 8,
2)The procedure to be followed after the plaintiff has been admitted is laid down under rule 9,
3)The appearance of parties and return of plaint have been discussed under rules 10 to 10 B,
4)The rejection of plaint is dealt with by the rules 11 to 13,
5)The provisions concerning the production of documents have been laid down under rules 14 to 17.
The plaint helps in describing the cause of action and essential information is to be considered. Therefore it can be concluded that a plaint is the statement of claims in which the plaintiff sets out his cause of action with all necessary particulars. In civil proceedings, the plaintiff submits a plaint stating the cause of action, the issue or issues in controversy.
Cause of Action
The cause of action of a plaint has consisted of two subdivisions i.e. the legal theory and the legal remedy.
1. The legal theory is the factual situation stated upon which the claims of the plaintiff are based.
2. The legal remedy is the remedy order relief which the plaintiff seeks to obtain from the court of law
Particulars to be contained in a Plaint
Order 7 rule 1 placed on the particulars which are to be contained in a plaint-
The plaint shall contain the following particulars-
1) the name of the concerned court in which the suit has been brought;
2) the name, address and description of the plaintiff;
3) the name, address and description of the defendant so far as they can be ascertained;
4) where the plaintiff or defendant is not an adult i.e. he is a minor or is of unsound mind, a statement to such effect.
5) the facts describing the cause of action and when it arose;
6) the facts proving that the court has jurisdiction;
7) the relief which the plaintiff claims;
8) the plaintiff has allowed a set-off or relinquished a portion of his claim the amount so allowed or relinquished; and
9) a statement for the value of the subject matter of the suit for the purposes of jurisdiction and of court fees, so far as the case admits.
Name of the Court
Place of suing (Part I – sections 15 to 20 )
Section 15 of Code of Civil Procedure
port in which suit is to be instituted- every suit shall be instituted in the court of the lowest grade competent to try it.
Section 16 of Code of Civil Procedure
Suits to be instituted where subject matter situated- subject to the pecuniary or other limitations prescribed by any law, suits-
(a) for the recovery of the concerned immovable property with or without profits or rent;
(b) for the partition of immovable property;
(c) for sale, foreclosures or any redemption in the case of a mortgage of such property or charge upon the immovable property;
(d) in order to determine any other right to the immovable property or any other interest in connection to the immovable property;
(e) for the compensation for wrong to immovable property;
(f) for the recovery of such property actually under distraint or attachment;
Shall be instituted in the court of law within the local limits of whose jurisdiction the property is situated:
Provided that is so to obtain relief respecting, or compensation for wrong to, immovable property held by or on behalf of the defendant meaning, whether the relief sought can be entirely obtained through his personal obedience, be instituted within the court within the local limits of whose jurisdiction the property is situated or within the local limits of whose jurisdiction the defendant resides of his own free will, or carries on any sort of business, or works for personal gains.
The property concerned here should be situated in India.
Section 17 of Code of Civil Procedure
suits for immovable property situated within the jurisdiction of different courts- where a suit is filed in order to obtain a relief respecting, all compensation for the wrong that has been caused to, the immovable property situated within the jurisdiction of different courts of law, the suit may be instituted in any Court of law within the local limits of whose jurisdiction any such portion of the immovable property is situated.
Provided that, in respect of the value of the subject matter concerned, the entire claim is cognizable by the court.
Section 18 of Code of Civil Procedure
A place of where the suit shall be instituted when the local limits of the jurisdiction of courts are uncertain-
(1)Where the local limits of the jurisdiction are uncertain and ne be situated under the jurisdiction of two or more courts, any one of such courts may, if it is convinced that there lies a ground of uncertainty of the local limits, record a statement to such effect and thereupon shall proceed to entertain any suit related to such a movable property, and its decision in such suit shall have the same effect as the immovable property we estimated within its jurisdiction.
Provided that, the court must be competent to entertain the suit concerning its value and nature.
(2) whether the statement has not been recorded as the subsection 1, and the suit faces an objection before an appellate or revisional court regarding the decree e a decision made in a suit related to such immovable property stating that the court did not have any jurisdiction where the immovable property is situated, such objection shall not be allowed unless the applet and the revisional court is convinced that it not reasonable ground lied for uncertainty as to the jurisdiction of the court.
Section 19 of Code of Civil Procedure
Suits for compensation for wrongs to person or movables- whether the suit is filed for compensation for the wrong done to any person or to any movable property if the wrong is done within the local limits of the jurisdiction of one court and the defendant resides or works under the jurisdiction of another court, the suit may be instituted in either of such courts according to the wish of the plaintiff.
Section 20 of Code of Civil Procedure
Suits to be instituted in the cases where defendants decide or cause of action arises- as per the above-mentioned rules it is concluded that every suit shall be instituted by the court which possesses proper jurisdiction with respect to the local limits-
1) the defendant or each of the dependent voluntary or works for personal gains at the time of commencement of the suit.
2) any of the defendants voluntarily resides or works for his personal gain at the time of commencement of such suit, provided that under such circumstances either the leave of the court shall be granted or acquiesce the defendant who does not reside or work as aforesaid.
Case Number
Nomenclature as per local codes, rules, practices and procedures.
For example– Refer Delhi High Court ( Original Side) Rules 2018, General Rules ( Civil ) 1957 ( For States Of UP/UK ), etc.
Cause Title
- Title of the suit
- Description of parties
- Description of plaintiffs
All persons may be joined in one suit as plaintiffs were any right to relief in respect of, arising out of, the same act or transaction or series of acts or transactions is alleged to exist in such persons, whether jointly, severally or in the alternative, and if such persons brought separate suits, any common question of law or fact would arise.
Description of defendants- order I rule 3
All the persons may be joined in one such as defendants, where any right to obtain relief in respect of, arising out of, the same act or transaction or series of acts or transactions is alleged to exist against such persons whether jointly severally or an alternative, and, if separate suits for brought against such persons, any common question of law or fact would arise.
Subject or Nature of the Plaint
The subject of the plaint should be clearly stated which is the relief that the plaintiff claims for the recovery, partition, sale, redemption, compensation of movables or immovables.
Material Facts
The following necessary material facts must be contained in a plaint-
- Description of plaintiff
- Description of defendant
- Relationship between the parties
- The narration of facts disclosing the cause of action lying, jurisdiction and limitation
Fundament rules- Order VI
The code of civil procedure requires certain rules to be observed which have been laid down under order VI rule 2. Various rules have been formulated so that each party gets fair notice from the other party which intends to institute a trial. The rules order VI rule 2 are as follows-
- Everything shall be constituted of the statement which should be in the form of material facts which form the basis for the relief for claiming of the plaintiff a defendant.
- Every such pleading shall be divided into paragraphs shall be numbered consecutively whenever necessary. Each allegation shall be mentioned in separate paragraphs as far as it is convenient.
- The numbers, sums and dates shall be expressed in words as well as figures.
Cause of action (Order VII rule 1e
The plaint must contain the facts which constitutes the cause of action and the time when it arose.
Jurisdiction
According to order VII Rule 1 (F), the pink shirt printing the facts proving the jurisdiction of the court
Limitation
If the suit has been filed by the plaintiff after the period of limitation, the plaintiff must provide a sufficient reason to obtain an exemption under law for such delay
Valuation
The plaint shall contain the statement disclosing the value of the subject matter for the evaluation of court fees ascertaining the jurisdiction.
Payment of Court fees
The court fees must be duly cleared.
Prayer
Order VII rule 1 (g) state start the plaint must contain the relief which the party seeks to obtain.
Rule 7 – a relief to be specifically stated- every plaint shall state the relief and has been sought by the planters specifically others simply alternatively so that there is no need to ask for any general or another release which may be given by the court.
Rule 8- relief founded on the separate ground- relief sought by the planters in respect of different claims and grounds, search ground shall be stated distinctly and separately as far as possible.
Signatures of the Party and Pleader
According to order VI rule 14, the party and the pleader shall sign every pleading. Provided that, under the circumstances where the party is unable to sign the pleading, any person who was duly authorised to sign may do so on his behalf.
Place and Date
There should be the place and date where the plaint filed.
Verification
According to order VI Rule 15, the party must verify the information which is believed to be true. It shall be signed by the person who makes it and it shall be stated along with the place where it is signed. Affidavit shall be furnished by the person verifying it.
Additional particulars of a Plaint
- ORDER VII RULE 2- it has been stated under order VII rule 2 that the exact amount of money should be stated by the plaintiff in the plane which is to be obtained from the defendant in a case. Indications, where the exact amount of money to be obtained, cannot be calculated, an approximate amount shall be mentioned in figures by the plaintiff in the plaint.
- ORDER VII RULE 3– it has been stated under order VII rule 3 that in the cases where the subject matter of the plaint is an immovable property, such property must be described sufficiently in order to identify it in the ordinary course.
- ORDER VII RULE 3 – it has also been stated under order VII rule 3 that when the suit has been initiated by the plaintiff, it should be proved that yah sufficient interest in doing so.
- The involvement of the defendant should be adequately shown in the plaint, including his concerned interests.
- If the suit has been filed by the plaintiff after the period of limitation, the plaintiff must provide a sufficient reason to obtain an exemption under the law for such delay.
When a Plaint can be rejected?
As per order VII rule 10, records have been empowered to return the plaint under the circumstances when it does not have the proper jurisdiction to entertain such plaint.
The quotes can return the plaint for presentation before the appropriate Court when it is convinced that the trial court itself did not possess the appropriate jurisdiction to entertain the plaint in the first place.
Once the appellate codes are satisfied that the civil suit has been decided by the trial court without proper jurisdiction, such decree passed by the trial court would be considered nullified.
When can a Plaint be rejected by the court of law?
A plaint can be rejected on the following grounds—
- The non-disclosure of the cause of action
- The relief sought by the party is undervalued and the party is unable to rectify it.
- The documents are not properly stamped and the party fails to do so.
- Where the suit is barred by law in some way.