Plaint under CPC

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:

1. 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.

2. 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.

3. 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.

4. 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.

5. 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:

1. 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.

2. 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

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:

1. 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.

2. 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.

3. 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.

4. 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.

5. 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:

1. 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.

2. 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 to get free legal advice!

to get free legal advice!