Introduction
Plaint is a written statement of the plaintiff’s claim. The plaintiff describes
his cause of action and other necessary details to get his claim
redressed by the court. It indicates what the plaintiff wants from a suit.
The plaint consists of two parts. The first part contains the factual
situation based on which the plaintiff has suffered and the second part
contains the legal remedy that the plaintiff seeks from the court. Plaint is
the most crucial part as it is the initial stage to initiate any lawsuit and
helps in determining jurisdiction. Order VII of the Code of Civil
Procedure, 1908 (CPC) deals with the plaint. Order VII of the CPC deals
with different elements of the plaint. Order VII Rule 1 provides particulars
to be contained in the plaint. Section of the CPC provides that every suit
shall be instituted by the presentation of the suit in the prescribed
manner. This indicates that plaint is essential for the establishment of a
suit. The plaint contains eight particulars in total. It contains the cause
title, statements showing the cause of action, the particular date of
cause of action, the statement about jurisdiction, relief or prayer,
valuation of the statement, schedule in the case of immovable property,
and verification.
Essential Particulars in a Plaint
The essential particulars in a plaint are as follows:
It should contain the name of the commercial or civil court where a
suit will be instituted.
It should contain the plaintiff’s details i.e., name, address,
description.
It should contain the name, address, and description of the
defendant.
If the plaintiff has some health problems or any type of disability it
should be mentioned in the plaint.
It should contain the facts due to which the cause of action arises.
It should also contain facts leading to determining the jurisdiction
of the court and court fees.
It should mention the relief plaintiff is seeking from the court. The
exact amount of money to be obtained from the defendant must be
specified by the plaintiff.
If the plaintiff is willing to set off a portion of his claim, it should be
mentioned.
Plaintiff’s verification on oath must also be stated.
When can a plaint be rejected?
The plaint shall be rejected if the abovementioned particulars are not
duly complied with. Order VII Rule 11 provides for the rejection of the
plaint. It can be rejected in the following situations:
- Non-disclosure of the cause of action
When the plaintiff does not disclose the cause of action in the plaint, it
shall be rejected. It would be impossible to prove the damage caused to
the plaintiff if the cause of action is undisclosed. To get relief from the
court the plaint must specify the cause of action. - Undervaluation of claim
When the plaintiff’s relief is undervalued, the court may request the
plaintiff to correct the valuation. If the plaintiff fails to do so within the
stipulated time, the plaint will be rejected. - Documents not properly stamped
When the documents submitted by the plaintiff are not properly stamped,
the palint will be rejected. Even after the court asks the plaintiff to supply
the stamp paper within the fixed time and he fails to do so, the plaint
gets rejected. - Duplicate copy of the plaint
When the duplicate copy of the plaint is not submitted provided it is
mentioned it is mandatory to submit a copy, then the plaint is rejected. - Failure to comply with Rule 9 of Order VII of CPC
The plaint will be rejected if the plaintiff fails to comply with the
provisions of Rule 9 of Order VII of the CPC.
We, at eStartIndia provide comprehensive legal advice as per your
cases and draft and present your cases.
Provisions for rejection of plaint
The provisions relating to the rejection of the plaint under CPC are as
follows: - Order VII Rule 12 provides the procedure for the rejection of the
plaint. When a plaint is rejected the Judge is required to record an
order to that effect with reasons for rejection. The same may be
used as a precedent for future cases. - Order VII Rule 13 provides that the rejection of plaint does not
prohibit the plaintiff from presenting a fresh plaint in respect of the
same cause of action in the court.
Conclusion
Due to the presence of many orders and rules in the CPC, the drafting of
plaint, rejection, presenting a fresh plaint has brought chaos in the civil
cases. No plaintiff can demand what is not mentioned in the plaint. A
plaint is helpful in understanding the case and points of conflict. To sum
up, everything that has been stated so far, the plaint plays an important
role throughout the trial of a civil suit.
eStartIndia is a team of experienced legal professionals who help you
to file civil cases and draft plaint as per your legal queries.
Kindly go through our website www.estartindia.com to get free legal
advice!
AUTHOR DETAILS:
Advocate Manish Kumar from ‘’eStartIndia’’
