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9/15/18

Plaint order -7 c.p.c., its meaning, essentials and particulars, form, etc.


Plaint order 7




        Plaint is defined in order 7 of CPC. Rules 1to8 of order relate to particulars in a plaint. Rule 9 lays down procedure on plaint being admitted. Whereas rules 10 to 10-B provide for the return of plaint, and appearance of parties, rules 11 to 13 deal with rejection of plaint. Rules 14 to 17 contain provisions for the production of documents. Order 7should be read with section 26 of the code.

Introduction :
                             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. It can be said to be a statement of claim, a document, by the presentation of which the suit is instituted. However, the expression “plaint”  has not been defined in the code. It is a pleading of the plaintiff.
                         In plaint, the plaintiff should alleged facts about his cause of action. A plaint which is presented to a civil court of appropriate jurisdiction contains everything, including facts to relief that the plaintiff expects to obtain.

 
  Particulars of the plaint:
v The name of the particular court where the suit is brought; [R.1(a)];

v The name, place, and description of the plaintiff’s residence; [R.1(b)];

v The name, place, and description of the defendant’s residence; [R.1(c)];

v A statement of unsoundness of mind or minority in case the plaintiff or the defendant belongs to either of the categories; [R.1(d)];

v The facts that led to the cause of action and when it arose; [R.1(e)];

v That fact that point out to the jurisdiction of the court ; [R.1(f)];

v A statement of the value of the subject-matter of the suit for the purpose of jurisdiction and court fees; [R.1(i)];

v The relief claimed by the plaintiff, simply or on the alternative; [R.1(g)]; 

v Where the plaintiff files a suit in a representative capacity the facts showing that the plaintiff has an actual existing interest in the subject-matter and the he has taken steps that may be necessary to enable him to file such a suit;      [R. 4];

v Where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed or relinquished; [R.1(h)];

v Where  the suit is for recovery of money, the precise amount claimed; [R 2]

v Where the suit is for accounts or mesne profits or for movables in the possession of the defendant or for debts which cannot be determined, the approximate amount or value thereof;  [R. 2]

v Where the subject-matter if the suit is immovable property description of the property sufficient to identify it, e.g. boundaries, survey numbers, etc;  [R.3]  

v The interest and liability of the defendant in the subject-matter of the suit;       [R. 5]

v Where the suit is time-barred, the ground upon which the exemption from the law of limitation is claimed;  [R. 6 ]

 Admission of plaint:              
                                   Rules 9 lays down the procedure when the plaint is admitted by the court. It provides for the filling of copies of the plaint by the plaintiff and also requires him to pay requisite fees for the service of summons on the defendants within seven days.


  FROM OF THE PLAINT:
                                      As per the above-stated material we can say that the plaint should be drafted in a particular form. So that a plaint can be divided into three important parts such as heading and title, the body of the plaint, and relief claimed.
These all are discussed in detail below:

   
    Heading and Title:

1.    Name of the court :
                                The name of the court should be written on the plaint as the heading. It is not necessary to mention the name of the presiding officer of the court. The name of the is sufficient, for example:-  In the Court of the District Judge, Sirsa.

2.     Parties to the suit:
                                      There must be two parties in every suit, namely, the plaintiff and the defendant. However, there may be more than one plaintiff, and defendant.  All particulars of the parties such as name, residence, father’s name, age, etc. which are necessary to identify the parties, must be stated in the plaint.
             In the case of more than one parties, all of their names have to be mentioned in the plaint according to their pleadings.
    In the case of minors, a minor cannot sue nor be sued. If one of the party is a minor or of unsound mind, it will have to be mentioned in the cause title.

3.     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:
           It is the body of the plaint wherein the plaintiff describes his\her concerns in an elaborative manner. That should be divided into short paragraphs, which each contains one fact. The body of the plaint is divided into two further parts which are as follows:

1.    Formal part:
The formal part contains the following essentials:-

Ø 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.

Ø The plaint must state all the facts showing how the court has pecuniary and territorial jurisdiction over the subject-matter of the suit.

Ø The value of the subject matter of the suit must be stated properly for the purpose of pecuniary jurisdiction of the court and court fees.

Ø Statement regarding minority.

Ø The representative character of the plaintiff.

Ø The reasons why the plaintiff wants to claim exemptions under the law if the suit is initiated after the period of limitation.

    
2.  Substantial portion:  
                                 In this portion, 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 must be duly mentioned.

Ø 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.

Ø Where the defendants are more than one and if the liability is not joint, then the individual liability of each and every defendant must be shown separately.

Ø 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:
        Every plaint must state specifically the relief claimed by the plaintiff either simply or in the alternative. It is the last part of the plaint. It must be claimed 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 must 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 put at 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. Where 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 court or in front of an Oath Commissioner. 


If you want to read written statement then click here.

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