CPC - Module 4 - (D) - Plaint

CIVIL PROCEDURE CODE
PLAINT
4
PLAINT: ORDER VII
The term Plaint has not been defined in the Code.

It can be defined as a statement of claim by presentation of which the suit is instituted.
It is pleading of the plaintiff.
Plaint means a statement in writing of a cause of action in which the relief claimed is set
out in detail or a document by presentation of which a suit is to be instituted.
Substantially a plaint is the expression of the cause of action of the party presenting it
and the relief he claims.
Order VII lays down rules relating to plaint.
Rules 1-8 of Order VII deals with particular required in a plaint.
PARTICULARS OF A PLAINT
Rule 1 of Order VII

1) Name of the court (For e.g. in the Matter of Civil Judge Junior Division) in which the matter is to be
tried [Rule 1(a)],
2) The name, description and place of residence of plaintiff [Rule 1(b)],
3) The name, description and place of residence of defendant [Rule 1(c)],
4) The fact of any of the party being a minor [Rule 1(d)],
5) The cause of action (Pleadings) [Rule 1(e)],
6) Facts showing that the court has jurisdiction [Rule 1(f)],
7) Relief claimed by the Plaintiff, simply or in alternative [Rule 1(g), 7 & 8],
8) Where the Plaintiff has allowed set-off or relinquished a portion of his claim, the amount so
relinquished [Rule 1(h)],
9) The valuation of the suit [Rule 1(i)]
PARTICULARS IN A PLAINT
 Rule 2: Money suits

 Where the plaintiff seeks for recovery of specific amount, the precise amount must be stated in the plaint.
 For e.g. the amount claimed must not be any uncertain numbers i.e. approx Rs. 10,000, etc.
 However, when the plaintiff sues for mesne profits or for unsettled accounts or for movables where the value cannot be
estimated by due diligence, the approximate amount may be claimed in the plaint.
 Rule 2A: Where the plaintiff seeks interest, the plaint shall contain a statement to that effect along with
the details
 Rule 3: Where the subject matter is an immovable property, a description of the property sufficient to
identify the same
 Rule 4: If suit is filed in representative capacity, the fact showing that the plaintiff has an actual existing
interest in the subject matter and he has taken steps that may be necessary to enable him to file such a suit
 Rule 5: Defendant’s interest and liability to be shown
 Rule 6: Ground of exemption from limitation law
 Rule 7: Relief to be specifically stated
 Rule 8: Relief founded on separate grounds shall be stated as far as may be separately and distinctly.
PROCEDURE ON ADMITTING PLAINT
Rule 9
Presentation of Plaint: Plaint submitted to office of court and entered in Register of suits
Admission hearing
 Jurisdiction
 Primafacie case
 Locus standi
Notice to defendant
 Summons
 Copy of plaint
 Fee for service of summons
 7 days
RETURN OF PLAINT - RULES 10, 10A & 10B
Rule 10:
 At any stage of the suit the court finds that the court has no jurisdiction, it shall return the plaint to be
presented in the proper court in which the suit ought to have been instituted
 The court shall intimate its decision to the plaintiff before returning the plaint when defendant has
appeared
 The court of Appeal or Revision has the same power under this rule after setting aside the decree
 The Judge shall, on returning the plaint, endorse the date of presentation and return and also the name of
party presenting it and brief reasons of return.
 The endorsement under Sub-Rule 2 shall be subject to Section 14 of the Limitation Act, 1963 i.e. if
plaintiff prosecutes bona fide in a wrong court that period shall be excluded from limitation.
Rule 10 A:
Power of court to fix a date of appearance in the court where plaint is to be filed after its
return
The Court under this rule has some powers for exercising procedural formalities in the
cases provided in this rule.
When the plaintiff is intimated about the return of plaint, he may apply to the court to ask
for the proper forum in which the suit must be filed and also to fix the date of appearance
in that court and to give notice of such date to the defendant.
Although the plaintiff is allowed to appeal against the order of return, but in case the
application as mentioned above is filed such appeal is barred.
Rule 10 B: Power of appellate court to transfer of suit to the proper Court- In the event of
filing an appeal against the order of return, if the Appellate Court confirms such order, it
may direct the plaintiff to file the plaint in the proper court, subject to limitation and may
also fix a date of appearance before such court (the court to which it is sent need not
issue fresh summons unless required).
APPEAL AGAINST RETURN OF PLAINT
Appealable order under Order 43 Rule 1(a) of the Code

If the order is confirmed in appeal, then Order 7 Rule 10B allow the court of appeal,
upon application of plaintiffs, to direct the plaintiff to file the plaint in proper court, fix a
date for appearance and notify the parties accordingly.
Issue regarding limitation period
ONGC v. Modern Construction Co. (2014) 1 SCC 648,
 The Supreme Court held that when a plaint is filed in the proper court after getting returned from the
wrong court, it cannot be said to be said to be a continuation of the suit. The suit must deemed to
commence when the plaint is filed in the proper court.
REJECTION OF PLAINT
O-VII, R-11, 12 & 13
Under R-11, Court may reject a plaint due to the following defects
 Non-disclosure of cause of action
 Undervaluation of the relief claimed and failure to correct even after direction
 Insufficiency of stamp paper and if it is not corrected within given time
 Suit is barred by any law including law of limitation
 Plaint is not filed in duplicate
 Plaintiff fails to present requisite copies of the plaint with summons as required by Rule 9
No automatic rejection – time for curing defect
Rejection can be at any time and stage of the suit
Rejection not based on allegation or application by party to suit
The grounds provided in the rule are not exhaustive
An order of rejection of plaint is a deemed decree, as provided under Section 2(2) of
CPC, 1908.
REJECTION OF PLAINT
Mayar H.K. Ltd. v. Owner and Parties, Vessel M.V. Fortune Express, AIR 2006 SC
1828 held that grounds of rejection of plaint specified in Rule 11 are not exhaustive. A
plaint can be rejected on other relative grounds also. Where the plaint is found to be
vexatious or meritless, not disclosing a clear right to sue, the court may reject the plaint.
The Supreme Court in Madhav Prasad Aggarwal v. Axis Bank, (2019) 7 SCC 158 held
that plaint can either be rejected as a whole or not at all. It is not permissible to reject
plaint qua any particular portion of a plaint including against some of the defendant(s)
and continue the same against the others.
REJECTION OF PLAINT
Rule 12: Procedure on rejecting Plaint

 Where a Plaint is rejected the Judge shall record an order to that effect with the reasons for such order.
Rule 13: Rejection does not preclude presentation of fresh plaint
 The plaintiff is allowed to institute a fresh plaint in respect of the same cause of action in the proper
court subject to limitation.
 Therefore, although being a decree, Res-Judicata does not apply on such orders.
 The plaintiff has two remedies in case of rejection:
 a) It is a decree and thus appealable under Order 41.
 b) Plaintiff may bring a fresh suit in respect of same cause of action.
MISCELLANEOUS PROVISIONS
Rule 14: Production of documents on which plaintiff sues or relies

 List of documents
 Original for verification
 Copy of documents along with plaint
 Documents not in possession of plaintiff – information about the possession
 Leave of the court required for using a document not in list
 This rule shall apply to document produced for cross-examination or used merely to refresh the memory
of a witness
Rule 16: Suits on lost negotiable instruments
 If indemnity provided by plaintiff against claim of any other person
 The court may pass a decree as if the instrument is produced before the court
Rule 17: Production of shop book
 Original to be submitted for verification
 Certified copy

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CIVIL PROCEDURE CODE

The term Plaint has not been defined in the Code.

Rule 1 of Order VII

 Rule 2: Money suits

Appealable order under Order 43 Rule 1(a) of the Code

Rule 12: Procedure on rejecting Plaint

Rule 14: Production of documents on which plaintiff sues or relies

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