Plaint Under CPC: Particulars, Procedure

PLAINT UNDER CPC: PARTICULARS, PROCEDURE,
Admission & Rejection

A plaint is a legal document which contains the written statement of the plaintiff's claim. A
plaint is the first step towards the initiation of a suit. In fact, in the very plaint, the contents
of the civil suit is laid out.
Through such a plaint, the grievances of the plaintiff are spelled out, as well as the possible
causes of action that can arise out of the suit. A plaint which is presented to a civil court of
appropriate jurisdiction contains everything, including facts to relief that the plaintiff
expects to obtain.
Although it hasn't been defined in the CPC, it is a comprehensive document, a pleading of
the plaintiff, which outlines the essentials of a suit, and sets the legal wheels up and
running.
Order VII of the CPC particularly deals with a plaint. A few of the essentials of a plaint
implicit in itself are those only material facts, and not all facts or the law as such is to be
stated, the facts should be concise and precise, and no evidence should be mentioned
PARTICULARS OF A PLAINT:
• The name of the particular court where the suit is initiated.
• Name, place, and description of the plaintiff's residence
• Name, place, and description of the defendant's residence.
• A statement of unsoundness of mind or minority in case the plaintiff or the
defendant belong.° either of the categories.
• The facts that led to the cause of action and when it arose.
• The facts that point out to the jurisdiction of the court.
• The plaintiff's claim for relief.
• The amount allowed or relinquished by the plaintiff if so
• A statement containing the valued the subject matter of the suit as admitted by the
ADDITIONAL PARTICULARS:
• Order VII, Rule 2 states that the plaintiff shall state the exact amount of money to
be obtained from the defendant if the case is so.
• On the other hand, if the exact amount cannot be arrived at, as is then case with
mesne profits, or claim for property from the defendant, an approximate figure
must be mentioned by the plaintiff.
• Order VII, Rule 3 states that when immovable property is the subject matter of
the plaint, the property must be duly described, that is sufficient in the ordinary
course to identify it.
• Order VII, Rule 3 states that when the plaintiff has initiated the suit in a
representative capacity, it has to be shown that he/ she has sufficient interest in
doing the same as well as has taken the required steps to ensure the same.
• The plaint should adequately show the involvement of the defendant, including
his/ her interests in the same and thereby justifying the need to bring him/ her
forward.
• If the plaintiff files the suit after the expiration of the period of limitation, he/ she
must show the reason for which such an exemption from law is being claimed.
PROCEDURE FOR ADMISSION OF THE PLAINT:
When the court serves the summons for the defendant, according to Order V, Rule 9, the
plaintiff must present copies of then plaint according to the number of defendants, and
should also pay the summons fee, within seven days of such a summons.
THE PARTICULARS OF A PLAINT CAN BE DIVIDED INTO THREE IMPORTANT
PARTS SUCH AS HEADING AND TITLE, BODY OF THE PLAINT, AND RELIEF
CLAIMED.
NAME OF THE COURT:

The name of the court should be written as the heading. It is not necessary to mention the
presiding officer of the court. The name of the court would be sufficient. Eg. In the
Court of District Judge, Kolkata.
PARTIES TOTHE SUIT:

There are two parties to every suit, the plaintiffs and the defendants. For the purpose of
the suit, the name, place, and description of the residence of both the plaintiffs and the
defendants have to be mentioned in the particular plaint.
When there are several plaintiffs, all of their names have to be mentioned and have to be
categorically listed, according to their pleadings, or in the order in which their story is
told by the plaintiff.
Minors cannot sue nor can be sued. So if one of the parties is a minor or of unsound
mind, it will have to be mentioned in the cause title.
TITLE OF THE SUIT:

The title of the suit contains the reasons for approaching the court and the jurisdiction
before which the plaint Is initiated.
BODY OF THE PLAINT

This is the body of the plaint wherein the plaintiff describes his/ her concerns in an
elaborative manner. This is divided into short paragraphs, with each paragraph
containing one fact each. The body of the plaint is divided into two further parts which
are:
FORMAL PORTION:
The formal portion contains the following essentials.
1. A statement regarding the date of cause of action. It is necessary for every plaint
to contain the date when the cause of action arose. The primary objective behind
this is to determine the period of limitation.
2. There should be a statement regarding the jurisdiction of the court. The plaint
must contain all facts that point out the pecuniary or territorial jurisdiction of the
court.
3. The value of the subject matter of the suit must be stated properly in this part of
the plaint.
4. Statement regarding minority.
5. The representative character of the plaintiff
6. The reasons why the plaintiff wants to claim exemptions under the law if the suit
is initiated after the period of limitation.
SUBSTANTIAL PORTION:
This portion of the plaint must contain all the necessary and vital facts, which constitute
the suit. If the plaintiff wishes to pursue a course of action on any other grounds, such
grounds must be duly mentioned.
• It should be shown in the plaint that the defendant is interested in the subject
matter and therefore must be called upon by the court.
• If there is more than one defendant, and if the liability is not joint, then the
individual liability of each and every defendant must be shown separately.
• In the same way, if there is more than one plaintiff, and their cause of action is
not joint, then too, the same has to be mentioned separately.
RELIEF:
The last part of the plaint is the relief. The relief claimed must be worded properly and
accurately. Every plaint must state specifically the kind of relief asked for, be it in the form
of damages, specific performance or injunction or damages of any other kind. This has to be
done with utmost carefulness because the claims in the plaint cannot be backed by oral
pleadings.
SIGNATURE AND VERIFICATION:

The signature of the plaintiff is put towards the end of the plaint. In case the plaintiff is not
present due to any legitimate reason, then the signature of an authorized representative
would suffice.
The plaint should also be duly verified by the plaintiff. In case the plaintiff is unable to do so,
his/ her representative may do the same after informing the court.
The plaintiff has to specify against the paragraphs in the pleadings, what all he/ she has
verified by his/ her own awareness of the facts, and what has been verified as per
information received, and subsequently believed to be true.
The signature of the plaintiff/ verifier, along with the date and the place, at the end of the
plaint is essential.
The verification can only be done before a competent ourt or in front of an Oath
Commissioner.
Where the language of the plaint is beyond the comprehension of the plaintiff, the same has
to be translated, or made known to the plaintiff, and only after that can he/ she put his/her
signature and get the plaint verified by the Oath Commissioner.
RETURN OF PLAINT
Order VII, Rule 10 states that the plaint will have to be returned in such situations where the
court is u able to entertain the plaint, or when it does not have the jurisdiction to entertain
the plaint.
The courts can exercise the power of returning the plaint for presentation before the
appropriate court if it feels that the trial court itself did not have the appropriate jurisdiction
in the first place.
Once the appellate court finds out that the trial court decided on the civil suit without
proper jurisdiction, such decision would be nullified.
DISMISSAL OF SUIT
If the plaint is to be returned to the parties after its rejection, the court has to fix a date for
the same where the parties can arrive for this purpose.
This was mentioned in Rule 10, inserted by the amendment act of 1976. If the court does
not have the adequate jurisdiction, the proper course is to return the plaint and not to
dismiss it.
NATURE OF RETURNED PLAINT

When a plaint has been returned for want of proper jurisdiction, it is to be treated as a fresh
plaint. This fresh plaint can be amended and no consequences can arise as a result of it. This
amended plaint cannot be rejected by stating that the averments were not present in the
original plaint. This argument will not be taken into consideration and the plaint will be
allowed to stand.
WHEN CAN A PLAINT BE REJECTED?

A plaint can be rejected under the following scenarios:
• Where the cause of action is not disclosed
• When the relief claimed by the plaintiff is undervalued, and he/ she is not able to
correct it even after being instructed by the court to do so.
• When the relief claimed is proper, but the plaintiff proceeds with the plaint., a paper
which has not been stamped sufficiently and fails to do so even after the court’s
instruction.
• Where the suit stems from a statement which has been essentially barred by Law.
WHEN CAN THE APPLICATION FOR THE REJECTION OF A PLAINT BE MOVED?

Application for the rejection of the plaint can be in instituted at any time, even after the
issues have been solidified in the said plaint.
CONCLUSION
A plaint is important in the sense that it is the first and foremost step towards instituting the
suit. Therefore, due care has to be taken to ensure that the procedure required for the
initiation of plaint has been duly recognized.
It is mandatory to follow protocol by stating the relevant facts, the necessary details, refrain
from providing evidence and mention the kind of relief envisaged so that the plaintiff is duly
benefitted

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PLAINT UNDER CPC: PARTICULARS, PROCEDURE,

Admission & Rejection

PROCEDURE FOR ADMISSION OF THE PLAINT:

NAME OF THE COURT:

PARTIES TOTHE SUIT:

TITLE OF THE SUIT:

BODY OF THE PLAINT

SIGNATURE AND VERIFICATION:

NATURE OF RETURNED PLAINT

WHEN CAN A PLAINT BE REJECTED?

WHEN CAN THE APPLICATION FOR THE REJECTION OF A PLAINT BE MOVED?

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