Scribd Logo
Upload

Welcome to Scribd!

  • 82 views

    CPC Plaint

    Uploaded by

    Abhinav Sahu
    The document summarizes the key provisions around plaints from the Indian Code of Civil Procedure (CPC). It outlines what a plaint contains, including facts of the case, relief requested, and jurisdiction. It discusses rules around valuation of claims, insufficient court fees, barred claims, and rejection of plaints. The document also covers producing documents relied upon in the plaint.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    CPC Plaint

    Uploaded by

    Abhinav Sahu
    82 views16 pages
    The document summarizes the key provisions around plaints from the Indian Code of Civil Procedure (CPC). It outlines what a plaint contains, including facts of the case, relief requested, and jurisdiction. It discusses rules around valuation of claims, insufficient court fees, barred claims, and rejection of plaints. The document also covers producing documents relied upon in the plaint.

    Original Description:

    Civil procedure code

    Original Title

    2. CPC Plaint

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The document summarizes the key provisions around plaints from the Indian Code of Civil Procedure (CPC). It outlines what a plaint contains, including facts of the case, relief requested, and jurisdiction. It discusses rules around valuation of claims, insufficient court fees, barred claims, and rejection of plaints. The document also covers producing documents relied upon in the plaint.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    82 views16 pages

    CPC Plaint

    Uploaded by

    Abhinav Sahu
    The document summarizes the key provisions around plaints from the Indian Code of Civil Procedure (CPC). It outlines what a plaint contains, including facts of the case, relief requested, and jurisdiction. It discusses rules around valuation of claims, insufficient court fees, barred claims, and rejection of plaints. The document also covers producing documents relied upon in the plaint.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    You are on page 1of 16

    PREPARED BY KUMAR VIKRAM ADITYA

    ASSISTANT PROFESOR (GUEST FACULTY)

    CPC
    PLAINT
    Introduction

     As we have seen earlier that the pleadings made by the parties contain plaint
    and written statement. What does a plaint contain is dealt in this e – content.
     The term plaint has not been defined by the CPC.
     Plaint is a legal document through which a civil suit is instituted in the
    competent court of law.
     It is a plaintiff’s statement of claims and allegation, drawn up and filed by the
    plaintiff against the defendant.
     It also contains the prayer and remedies the plaintiff is asking for.
     Order VII, Rule 1, 1908, of CPC deals with the particulars /essentials of Plaint.
    Provisions
    Comments

     Particulars to be contained in plaint provided under order VII, Rule 1.


    According to this rule the plaint shall contain the following particulars: (a) The
    name of the Court in which the suit is brought; (b) The name, description and
    place of residence of the plaintiff; (c) The name, description and place of
    residence of the defendant, so far as they can be ascertained; (d) Where the
    plaintiff or the defendant is a minor or a person of unsound mind, a statement
    to that effect; (e) The facts constituting the cause of action and when it arose;
    (f) The facts showing that the Court has jurisdiction; (g) The relief which the
    plaintiff claims; (h) Where the plaintiff has allowed a set-off or relinquished a
    portion of his claim, the amount so allowed or relinquished; and (i) A statement
    of the value of the subject-matter of the suit for the purposes of jurisdiction and
    of court fees, so far as the case admits.
    Provisions
    Comments

     Rule 2 states that where the suit is for recovery of money, precise amount must be claimed. It must
    not be an approximate amount.
     Rule 2-A has been added by the 2015 amendment. It provides that where the plaintiff seeks
    interest over the amount claimed it must state the rate at which interest is claimed; the date from
    which it is claimed; the date to which it is calculated; the total amount of interest claimed to the
    date of calculation; and the daily rate at which interest accrues after that date.
     Further Rule 3 states that where the subject matter is an immovable property, a description of the
    property sufficient to identify the same.
     Rule 4 applies only in case where the plaint is filed under order 1 Rule 8. it provides that plaint shall
    state specifically that plaintiff is filing the suit in representative character. It shall also state that
    plaintiff has a common a interest and all requirement of Rule 8 has been complied.
     Rule 5 states that defendant is bound to answer the claim of plaintiff in order to adjudicate the
    conflict conclusively.
    Provisions
    Comments

     Rule 6 states that every plaint is supposed to state that suit has been filed within the period of
    limitation. But if suit has been filed after limitation then sufficient grounds must be produced.
     Rule 7 states that every plaint is supposed to contain the relief, general or alternative or specific
    relief or any other relief. If either is missing then it won’t be treated as a plaint and plaintiff will be
    barred to claim the relief subsequently.
     Rule 8 states that If there is different cause of action and for each different relief has been
    claimed then plaint must state the particular relief he want to claim for the particular cause of
    action.
     Rule 9 states that when the court has directed for substituted service of summon then court may
    direct the plaintiff to submit the duplicate copy of plaint.
     Rule 10 provides for return of plaint. The court may return the plaint of it has no jurisdiction at any
    stage of proceedings.
    Provisions
    Comments

     Rule 10-A prescribes the procedure to be followed by a court before the plaint is
    ordered to be returned to be presented to the proper court. It is inserted to obviate the
    necessity of serving the summons on the defendants where the return of plaint is made
    after the appearance of the defendants in the suit. An appellate court can also return
    the plaint to be presented to the proper court. The judge returning the plaint should
    make endorsements on it regarding (i) the date of presentation; (ii) the date of return;
    (iii) the name of the party presenting it; and (iv) reasons for returning it. But at the stage
    of consideration of return of plaint, the averments in the plaint alone should be looked
    into. Moreover, the plaint should be read in a meaningful manner and as a whole so as
    to find out the real intention behind the suit. When the plaint is filed in the proper court,
    after getting it back from the wrong court, it cannot be said to be a continuation of
    the suit and the suit must be deemed to commence when a plaint is filed in the proper
    court. The order returning the plaint is appealable.
     Under Rule 10-B the appellate or revisional court may either uphold or cancel the order
    Provisions
    Comments

     The plaint will be rejected in the following cases:


     (1) Where plaint does not disclose cause of action- If the plaint filed by the plaintiff does not disclose any cause of
    action, the court will reject it. But in order to reject the plaint on this ground, the court must look at the plaint and at
    nothing else. The power to reject a plaint on this ground should be exercised only if the court comes to the conclusion
    that even if all the allegations set out in the plaint are proved, the plaintiff would not be entitled to any relief. In that
    case, the court will reject the plaint without issuing summons to the defendants. The reading of the plaint should be
    meaningful and not formal. But where the plaint does not disclose cause of action, clever drafting, ritual of repeating
    words or creation of an illusion cannot insert a cause of action in a plaint.
     (2) Where relief claimed is undervalued- Where the relief claimed by the plaintiff is undervalued and the valuation is
    not corrected within the time fixed or extended by the court, the plaint will be rejected. In considering the question
    whether the suit is properly valued or not, the court must confine its attention to the plaint only and should not look at
    the other circumstances which may subsequently influence the judgment of the court as to the true value of the relief
    prayed
     (3) Where plaint is insufficiently stamped- Sometimes the relief claimed by the plaintiff is properly valued, but the plaint
    is written on a paper insufficiently stamped and the plaintiff fails to pay the requisite court fees within the time fixed or
    extended by the court. In that case, the plaint will be rejected. However, if the requisite court fee is paid within the
    time extended by the court, the suit or appeal must be treated as instituted from the date of presentation of plaint or
    memorandum of appeal for the purpose of limitation as well as payment of court fee.
    Contd…

     (4) where suit is barred by law- where the suit appears from the statements in the plaint to be barred by
    any law, the court will reject the plaint. For instance, where in a suit against the government, the plaint
    does not state that a "notice" as required by Section 80 of the Code has been given, the plaint will be
    rejected under this clause. But where waiver of such notice is pleaded, the court cannot reject the plaint
    without giving the plaintiff an opportunity to establish that fact. Likewise, if the plaint itself shows that the
    claim is barred by limitation, the plaint can be rejected. But if the question of limitation is connected with
    the merits of the case, the matter requires to be decided along with other issues.
     (5) Where plaint is not in duplicate- The plaint has to be filed in duplicate. If the said requirement is not
    complied with the plaint will be rejected.“
     (6) Where there is non-compliance with statutory provisions- Where the plaintiff fails to comply with the
    provisions of Rule 9, the plaint will be rejected.
     (7) Other grounds: The grounds for rejection of plaint specified in Rule 11 of Order 7 are not exhaustive. On
    other relevant grounds also a plaint can be rejected. Thus, if the plaint is signed by a person not authorized
    by the plaintiff and the defect is not cured within the time granted by the court, the plaint can be
    rejected. Likewise, where the plaint is found to be vexatious and meritless, not disclosing a clear right to
    sue, the court may reject the plaint under this rule.
    Contd…

     Procedure on rejection of plaint: Rule 12 Where a plaint is


    rejected by a court, the judge will pass an order to that
    effect and will record reasons for such rejection."
     Effect of rejection of plaint: Rule 13 If the plaint is rejected
    on any of the above grounds, the plaintiff is not thereby
    precluded from presenting a fresh plaint in respect of the
    same cause of action.
    Provisions
    Comments

     Documents relied on in plaint: Rules 14-17 Rules 14 to 17 deal with the


    production of documents by the plaintiff.
     Rule 14 enjoins the plaintiff to produce at the time of the presentation of a
    plaint copies of all documents on which he sues or seeks to rely. It also
    provides for the consequences of nonproduction of documents. It lays
    down that a document which ought to be produced in the court by the
    plaintiff when the plaint is presented or to be entered in the list to be
    added or annexed to the plaint, and is not produced or entered
    accordingly, shall not, without the leave of the court, be received in
    evidence on his behalf at the hearing of the suit.

    You might also like