This article was written by Rohit Raj and has been further updated by Gauri Gupta. It provides for a detailed analysis of the various provisions under the Code of Civil Procedure, 1908, dealing with plaint. It further highlights the necessary contents of the plaint and provides for a widely followed format for the plaint. Furthermore, it dives into the institution of a suit, the particular elements of a plaint, the documents that are to be attached to the plaint, and the grounds for rejection of the plaint. The discussion further provides for the latest legal developments on the topic by analysing the landmark judgements. The sample format of the plaint is provided at the end of the article.

Introduction

The Code of Civil Procedure, 1908 (hereinafter referred to as “CPC”) has served as the foundation of civil litigation in India and has been a guiding light for how civil suits are filed, managed and adjudicated. One of the key elements of the CPC is the concept of a plaint, which is a legal document that initiates a suit. It is the first step that helps the aggrieved party bring an action before the court seeking justice. It is the plaint that outlines the case of the plaintiff and provides for the remedies sought by the aggrieved party. Have you ever wondered what the significance of a plaint is and why it is an essential element of legal proceedings? The article dives into the concept of plaint as outlined and elaborated in the CPC and deals with the essential elements of the same one by one. Furthermore, it highlights the common errors that are made while drafting a plaint, thus offering invaluable insights that must be kept in mind while drafting a plaint.

A well drafted plaint is extremely important, as it forms the backbone of a civil proceeding. Therefore, it is crucial that it complies with the formal requirements and is devoid of any errors that can have adverse effects. 

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The article provides for the historical development of the CPC along with its amendment to ensure that the objectives of the legislation are upheld. Furthermore, the article explores several key components of a civil suit, thus laying down the rules of drafting, admitting, and rejecting the plaint.

Furthermore, it offers a detailed analysis of the relevant laws and procedures, along with an analysis of the relevant landmark judgements, thus ensuring that the article serves as a valuable guide to the critical role played by plaint in litigation.

Brief background of the Code of Civil Procedure

The CPC is a procedural law and one of the few pre-constitutional laws in India. It was originally drafted by Sir Henry Erle Richard and is based on the Judicature Acts. Before the CPC of 1908 was enacted, the CPC of 1882 was widely prevalent in the Indian subcontinent. It consisted of 652 sections and 49 chapters. However, the current legislation follows a different model, consisting of several orders and sections that are divided into 11 parts, 158 sections and 51 orders. 

CPC is an adjective law that provides not only for the definition and amendments related to civil law but also consolidates the law of the procedure that is to be followed in a civil suit. The main objective of the legislation is to facilitate justice and deal with the administration of civil proceedings in India. 

The CPC was revamped by the 1976 amendment, which had the following objectives:

  1. The litigants have the right to a fair trial, and such trials must be conducted in accordance with the principles of natural justice.
  2. There should not be any undue delay in the proceedings.
  3. The procedure must be simplified to ensure that the poor and vulnerable sections of society can engage in advocates for the protection of their rights. 

Following this, another major amendment to the CPC took place in 2002, wherein the time for filing the written statement was restricted to ninety days and certain restrictions were imposed on the number of adjournments.

In simpler terms, the CPC was enacted with the purpose of regulating civil suits and the parties appearing in those proceedings until the decree is executed. Furthermore, the legislation is crucial for implementing and enforcing the substantive law. 

Plaint

Plaint is a legal document consisting of the pleadings of the plaintiff. It is a document that initiates civil proceedings in a civil court. The term ‘plaint’ is often used synonymously with the term ‘suit’, and it is crucial to note that both terms have significant differences. The term ‘plaint’ is the document that initiates the proceedings in court, and the term ‘suit’ refers to all the proceedings that take place from the day of submission of plaint till the judgement is rendered by the court.

It is through the plaint that the plaintiff narrates or describes the cause of action and related information, which is considered essential from the viewpoint of the suit. 

A plaint consists of the following elements:

  1. Cause of action refers to the legal right of the plaintiff and the violation of that legal right by the defendant. 
  2. Important facts of the case that describe the cause of action.
  3. Pleadings with respect to the jurisdiction of the court, the value of the suit, whether the suit is barred by limitation, and whether a suit on the same cause of action is pending before any other court.
  4. The prayer seeking relief from the court.

Order VII of the CPC deals with Plaint. Order 7 Rule 1 provides for the particulars of the plaint. Rule 9 of the CPC deals with admission of plaint. Furthermore, Rules 10 to 10B are important for understanding the return of plaint, and Rule 11 is important for understanding the rejection of plaint. Furthermore, there are certain documents that are to be attached to the plaint and Order VII Rule 14 provides for the same. 

How is a suit instituted

Section 26 of the CPC deals with the institution of the suit. It clearly stipulates that “every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed.” Herein, the law clearly provides that a civil suit can be instituted by the presentation of a plaint. The term “in such other manner” means that a suit can also be instituted through an application or a petition before the appropriate court. 

Particulars of a plaint

Many times, it is difficult to comprehend the specific components of a plaint. Therefore, it is important to refer to Order VII Rule 1 of the CPC, which provides for the necessary elements or the various particulars of the plaint. These are as follows:

  1. The name of the court wherein the suit is to be instituted,
  2. The name, description, and residence of the plaintiff,
  3. The name, description, and residence of the defendant (as much as the plaintiff can ascertain),
  4. A statement in case the plaintiff or defendant is a minor or a person of unsound mind,
  5. The facts explaining the cause of action and the explanation of when it arose,
  6. The facts that highlight the jurisdiction of the court where the suit is to be instituted,
  7. The reliefs that the plaintiff is seeking,
  8. When the plaintiff is ready to set off a portion of his claim, the plaint should contain the amount that has been allowed.  
  9. A statement with respect to the valuation of the subject matter of the suit  in order to determine the appropriate jurisdiction of the court and the required court fee. Order VII Rule 2 provides that in a suit for the recovery of money, the plaint must specify the exact amount that is being claimed by the plaintiff.  

Furthermore, it is crucial to note that, as per Order VI Rule 15, the plaint shall consist of a verification and an affidavit. 

Documents to be attached with a plaint

Order VII Rule 14 of the CPC provides for the documents that are to be attached to the plaint. It clearly provides that all the documents that are relied upon by the plaintiff in his plaint are to be filed in original, along with the duplicates. Furthermore, the plaintiff is required to submit photocopies of all the documents relied upon by him to the defendant. It is important to note that this rule is not applicable to documents that are produced for cross- examining the plaintiff’s witness or documents that are used to refresh the memory of the witness as provided under Order VII Rule 14(4) of the CPC. 

Rejection of plaint

Order VII Rule 11 of the CPC deals with the rejection of the plaint and the grounds on which a plaint may be rejected. The object behind the provision is to ensure that there is no unnecessary litigation. 

The order provides for six grounds on which a plaint can be rejected. However, the caveat here is that the list is not exhaustive in nature, which implies that there are other grounds on which the court can reject the plaint of a plaintiff. The grounds stipulated under the rule are as follows: 

  1. Rule 11(a): The plaintiff has not disclosed the cause of action in the plaint. The fundamental requirement of any civil suit is the violation of a legal right, which establishes the cause of action of the plaintiff. If the same is missing in the plaint, such a plaint stands rejected. In the case of Snp Shipping Service Pvt. Ltd. vs. World Tanker Carrier Corporation (1999), the High Court of Bombay rejected the plaint of the plaintiff due to the non-disclosure of the cause of action in the plaint.
  2. Rule 11(b): The suit is undervalued. It is important to ensure that the value of the suit is determined correctly for the purposes of attaching the court fees. If the plaintiff undervalues the suit, there is a reduction in court fees, which eventually leads to the rejection of the plaint.
  3. Rule 11(c): The plaint is not sufficiently stamped. Court stamps play an important role in determining the value of the suit, and thus, an improperly stamped plaint can be rejected. Thus, it is crucial to ensure that, with the correct valuation of the suit, the plaint is stamped properly for the court to receive the appropriate value for processing the plaint and carrying on with the proceedings of the suit. 
  4. Rule 11(d): The plaint is barred by law. In simpler terms, a plaint can be rejected if the statements contained in it are prohibited by law. An example of the same is the bar of limitation. 
  5. Rule 11(e): The plaint is not filed in duplicate. As per Order IV Rule 1, a duplicate of the plaint is to be submitted when it is filed at the filing centre. If a duplicate of the plaint is not filed, it shall be rejected.
  6. Rule 11(f): The plaintiff does not comply with Order VII Rule 9. If  the plaintiff does not comply with Rule 9, which provides for the procedure of admitting plaint. It provides that the processing fee and copies of the plaint are to be filed within seven days of the day the summons were issued to the defendant. If the same is not done, the plaint shall be dismissed.

Rule 12 of Order VII provides that the court is to issue an order stating the grounds on which the plaint is rejected. It is crucial to note that the powers conferred under Order VII Rule 11 of the CPC can be exercised at any stage before the trial is concluded. Furthermore, an order under this provision can be challenged by way of an appeal under Section 96 of the CPC.

Landmark cases on rejection of plaint

Order VII Rule 11 of the CPC was enacted to defeat excessive litigation, defeat justice and cause unwarranted prejudice to the disputing parties. The provision provides the disputing parties with the option of pursuing a special remedy wherein the courts have the power to dismiss a suit without recording evidence and conducting a trial if they are satisfied that the plaint must be rejected in accordance with the grounds stipulated in the provision.

Dahiben vs. Arvindbhai Kalyanji Bhanusali (2019)

The Supreme Court in this case dealt with the issue revolving around an appeal that was filed against an order that allowed the rejection of the plaint. The Apex Court herein discussed the intent and purpose of Order VII Rule 11 and set forth certain principles relating to the same. These are as follows:

Object and Purpose of Order VII, Rule 11

While discussing the object and purpose of the provision, the Supreme Court relied on various precedents set forth by the court in this regard. It explained that if the cause of action of the plaintiff is not disclosed in the plaint or the suit is barred by limitation, the court would not go forward with the proceedings in the suit. In such cases, the court would put an end to litigation to ensure that the time of the court is not wasted. The court also relied on the landmark judgement of Azhar Hussain vs. Rajiv Gandhi (1986), wherein the Supreme Court of India explained that the sole purpose of conferring powers to the court under the provision is to ensure that meaningless and sham litigation is not permitted. 

Determining test of rejection of plaint

The Supreme Court in this case explained that while courts are dealing with applications seeking the rejection of the plaint, it is crucial to determine whether the plaint discloses the cause of action by taking into consideration the averments in the plaint, which must be read along with the documents that are relied upon by the plaintiff. Furthermore, while the court is determining the same, it should disregard the pleadings that are relied upon by the defendant in his written statement. In simpler words, while determining the application for rejection of a plaint, the court must restrict itself to the plaint and should not dive into the facts as provided by the defendant in his written statement or application filed for the rejection of the plaint. 

The same test was reiterated by the Supreme Court in the case of Liverpool and London S.P. and Association Ltd vs. M.V. Sea Success (2003), wherein the court explained that whether the plaint discloses the cause of action or not is essentially a question of fact. Whether the plaint contains the cause of action or not is determined by reading the plaint. In other words, the plaint must be construed as it is without adding or subtracting any words from it.

When the suit is barred by limitation

The Supreme Court relied on the case of Khatri Hotels Private Limited vs. Union of India (2011) while interpreting Articles 58 and 59 of the Limitation Act, 1963. The Supreme Court explained here that the period of limitation begins from the date when the right to sue accrues for the first time. In this case, the Supreme Court observed that the legislature, while enacting Article 58 of the Limitation Act, consciously made an effort to depart from the language provided under Article 120 of the Limitation Act. The latter is a residuary article for suits and provides for the omission of any kind of suit. As already explained, while dealing with the same, it was held that if a suit is based on multiple causes of action, the period of limitation will commence from the date when the right to sue accrues first under Article 58 of the Limitation Act.

Plaint manifestly without merit and vexatious

The Supreme Court observed that the courts are justified in exercising their power under Order VII Rule 11 of the CPC if a meaningful and careful reading of the plaint suggests that the plaint is manifestly vexatious and without any merit and thus does not disclose a cause of action. 

Meenakshi Sundaram Chettiar vs. Venkatachalam Chettiar (1979)

The Supreme Court in this case held that Order VII Rule 11(b) provides that the court can dismiss the plaint if the relief requested by the plaintiff is not adequate in nature. In other words, the Supreme Court observed that when the relief requested in the plaint is undervalued, the court can reject the plaint. Thus, it is crucial for the plaintiff to ensure that the relief is properly valued and reasonable as per the facts and circumstances of the case.

Midnapore Zamindary Co. vs. Secretary of State (1938)

In this case, the plaintiff was supposed to submit his modified plaint along with stamped paper. However, the plaintiff failed to do so. In response to the same, the court observed that the plaintiff was not permitted to alter his plaint, and was thus subsequently dismissed by the court. 

R.K. Roja vs. U.S. Rayudu & Anr (2016)

The Supreme Court in this case observed that an application under Order VII Rule 11 can be made at any time, but once the application is filed before the court, the same is to be disposed of before the commencement of the proceedings of the trial.

Sopan Sukhdeo Sable & Ors. vs. Assistant Charity Commissioner & Ors. (2004)

The Supreme Court of India in this case observed that when the suit is at the stage of recording evidence and an application under Order VII Rule 11 of the CPC is filed to delay the proceedings of the suit, such application shall be rejected. The court highlighted the real object behind Order VII Rule 11, which is to ensure that the courts are kept out of irresponsible lawsuits and do not waste their resources on litigating such frivolous cases. Rule 11 provides for an independent remedy that is made available to the defendant to challenge whether the suit is maintainable or not, irrespective of whether he has the right to contest it or not. The court further observed that the use of the word “shall” clearly implies that there is a duty on the court to perform its obligation of rejecting the plaint when the same is hit by infirmities as provided under Rule 11 of Order VII of the CPC.

Return of plaint

Order VII Rule 10, 10A and 10B of the CPC deal with the return of the plaint. The procedure for returning the plaint depends on the following two circumstances:

CIRCUMSTANCE 1: In this case, the defendant has appeared before the court, following which the court believes that the plaint should be returned due to the lack of jurisdiction of the court to try the suit. Herein, Order VII Rule 10A of the CPC mandates the procedure that needs to be followed while the plaint is to be returned:

  1. The court has to inform the plaintiff through a registered post that the plaint is being returned due to the lack of jurisdiction of the court to try the proceeding.
  2. The plaintiff is required to appear before the court either personally or through his counsel.
  3. The plaintiff is required to inform the court where the plaintiff proposes to file the new plaint after the same is returned by the trial court.
  4. The trial court may fix a date for the appearance of the plaintiff and the defendant before the competent court, wherein the new plaint is being filed.
  5. At the request of the plaintiff, the court may serve notice to the defendant, thus requiring both the plaintiff and the defendant to appear before the competent court and informing them regarding the return of plaint.

CIRCUMSTANCE 2: In this case, the court conducts the initial hearing and identifies that the court has no jurisdiction to try the case, thus wanting to return the plaint. Order VII Rule 10(2) of the CPC in this case mandates the court to endorse the following particulars with the plaint while returning the same:

  1. The date on which the plaint was initially presented.
  2. The date on which the plaint is being returned.
  3. The name of the party that presented the suit.
  4. The reasons for returning the plaint.

The order passed by the concerned court under Order VII Rule 10 can be appealed against by the plaintiff, and such an appeal is maintainable under Order XLIII Rule 1(a) of the CPC. The provision deals with appeals against certain orders, particularly those under Section 104 of the CPC. 

Landmark cases on return of plaint

Joginder Tuli vs. S. L. Bhatia (1996)

The Supreme Court of India in this case observed that once the plaint is returned under Order VII Rules 10, 10A and 10B, the suit must proceed in the proper court from the same stage from which it was transferred. 

ONGC Ltd. vs. Modern Construction and Co. (2013)

In this case, the Supreme Court observed that if the trial court is of the opinion that it has no jurisdiction to try the suit, the same is to be returned in accordance with Order VII Rule 10 of the CPC. In such cases, the plaintiff is entitled to exclude the period during which the case was proceeding before the trial court and can also seek an adjustment of the court fees. However, after the plaint is presented before the court of competent jurisdiction, it is to be considered a fresh plaint, and the trial is to be conducted from the beginning, that is, de novo, even if it was concluded before the court that had no jurisdiction to try it.

M/S Meyer Apparel Ltd. vs. M/S Panchanan International Pvt. Ltd. (2020)

In this case, the Delhi High Court observed that an application made under Order VII Rule 10 of the CPC is disposed of after taking into consideration the plaint only. The written statement has no relevance in such cases. In other words, the defence of the defendant is not to be taken into consideration when returning the plaint under the said provision. 

What are pleadings

Pleadings under the CPC refer to the formal written statements that are submitted by the parties involved in the civil suit. These documents provide for the claims of the plaintiff and the defendants, thus laying down the grounds for the legal proceedings. The primary objective of the pleadings is to ensure that the issues are clearly outlined, thus enabling the court to hold a fair and efficient trial.

The plaint and written statement together refer to the pleadings as provided under Order VI Rule 1 of the CPC. It is necessary for the pleadings to adhere to the specific rules to ensure that the judicial process is streamlined with minimal misunderstandings and to ensure that both parties have a fair opportunity to present their cases. 

Rules of pleadings

The fundamental rules of pleadings are: 

a) The facts are to be pleaded, not the law. 

b) Only material facts must be included in the pleadings. 

c) Pleadings should not consist of evidence, and 

d) Facts should be concise with important details.

While drafting a plaint, it is necessary to keep in mind the following rules of pleadings, which are stipulated under Order VI Rule 2 of the CPC:

  1. The pleadings must state material facts and not evidence. It shall consist of the statement on the basis of which the plaintiff is seeking a remedy in concise form but not the evidence on which the plaintiff is relying for his case to be proved as per Order VI Rule 2 of the CPC.
  2. Every pleading must be divided into paragraphs, numbered accordingly, and contained in different and separate paragraphs as per Order VI Rule 2 of the CPC.
  3. Dates, sums and numbers that are provided in the pleadings must be in figures as well as in words, as per Order VI Rule 2 of the CPC.
  4. If there is any condition precedent that the plaintiff or defendant wants to contest, it must be distinctly specified in the pleading as per Rule 6 of Order VI of the CPC.
  5. Wherever it is material to allege malice, fraudulent intention, knowledge or other condition of the mind of any person, it is sufficient to allege the facts without putting forth the circumstances from which the same can be inferred as per Order VI Rule 10 of the CPC.
  6. Whenever any contract or any relationship between any persons is implied from a series of letters or conversations or otherwise, it is sufficient to allege such a contract or fact, and there is no need to state the particular details as per Order VI Rule 12 of the CPC.
  7. Every pleading must mandatorily be signed by the party and his counsel and verified at the foot by the party or parties. Furthermore, it should provide the date on which and the place at which it was signed as per Order VI Rules 14 and 15, respectively.

Amendment of pleadings

Rules 17 and 18 of Order VI of the CPC provide for the amendment of the pleadings. These provisions play a crucial role in achieving justice as they enable the parties to make necessary changes that highlight the issues in the dispute.

Amendment of Pleadings under Rule 17

As per Rule 17 of Order VI, either of the parties can amend their pleadings at any stage of the proceedings in a manner that is fair and just. The objective of the same is to determine the exact controversial questions between the parties in order to ensure that the pleadings reflect the issues at hand efficiently.

Failure to amend the pleadings under Rule 18

The consequences of the failure to amend the pleadings as ordered by the court are provided under Rule 18 of Order VI. It stipulates that if the parties fail to amend the pleadings within a specified time limit or within 14 days from the day the amendment was ordered, they will not be permitted to amend the pleadings after the expiration of the said period unless the period is extended by the court. 

Common errors in drafting a plaint

A plaint is the foundation of a civil suit and requires precision, clarity, and adherence to the legal standards set by the courts. A well drafted plaint plays a crucial role in helping the court frame the issues and proceed with the case in an efficient manner. However, there are several common errors that are committed while drafting the plaint. It is important to identify and avoid these mistakes in order to strengthen the legal document and enhance the chances of a favourable outcome. These errors include:

  1. Incomplete or incorrect cause of action:

Cause of action is the most crucial element of any plaint, and in case the plaintiff fails to state it or provide an incorrect or incomplete version of it, his plaint stands rejected. Therefore, it is essential to draft the cause of action in such a manner that it demonstrates the violation of the legal rights of the plaintiff by the defendant.

  1. Improper Jurisdiction:

There are three types of jurisdiction: subject matter jurisdiction, territorial jurisdiction, and pecuniary jurisdiction. It is important that the correct jurisdiction is addressed in the plaint and the failure to do so can lead to the dismissal of the case.

  1. Incorrect party information:

Another common error committed while drafting a plaint is incomplete or incorrect information about the parties involved. The descriptions of both the plaintiff and the defendant must be provided accurately, and if the information is missing or wrong, it can cause undue delay in the dispensation of justice and, in many cases, lead to the rejection of the plaint. Therefore, it is necessary that the details of the parties are correctly added as per the requirements of the CPC.

  1. Vague or inconsistent facts:

It is essential that the plaint must present the facts of the case in a clear, concise, and coherent manner. However, most of the time, the facts presented in the plaint are either vague or inconsistent. The same has an adverse effect on the plaintiff’s case and can confuse the court. Therefore, it is important to ensure that the consistency and clarity of facts are maintained throughout the plaint, wherein every fact is precise and supported by necessary evidence, if any.

  1. Failure to properly value the suit and pay the requisite court fee:

In civil suits, it is crucial to ensure that the suit is correctly valued, as it helps in determining the pecuniary jurisdiction of the court and the amount of fees that are payable. A mistake in calculating the court fees can cause unnecessary delays and the rejection of the plaint. Therefore, it is important to ensure that the value of the suit is determined properly and a sufficient court fee is paid.

  1. Non-compliance with legal format

It is important for the plaint to conform to the legal standards, including the verification statement, affidavit, etc. Deviation from the format can result in objections from the court and cause unnecessary delay in the dispensation of justice.

To summarise, it is crucial to pay attention to these details to ensure clarity, correction and compliance with the legal procedure. This helps in avoiding common errors, thus ensuring smooth legal proceedings.

Format of a plaint under CPC 

The pleadings of a plaintiff are contained in a plaint. Every plaint shall have an index page, which shall consist of the memo of the parties, the plaint and its accompanying affidavit, the list of documents, and a vakalatnama. These sets of documents are to be filed at the filing counter along with the duplicate.

The specimen of a plaint is as follows:

IN THE COURT OF CIVIL JUDGE, SAKET, DELHI

Suit No. __/2024

Date of institution of the suit: 

IN THE MATTER OF:
A, s/o ___, r/o___                                                                                 ……. Plaintiff

vs.

B, s/o____, r/o____                                                                                ………..Defendant

SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT

The above named plaintiff respectfully showeth:

  1. That the plaintiff is a government servant in Delhi and that the defendant is a property dealer with his office in Saket, Delhi. 
  2. That the details of the property are as follows: It is situated to the east of the road, facing the wall of the colony in the south, and is number 125.
  3. That the total value of the plot to be paid by the plaintiff to the defendant is Rs. 50,00,000 (fifty lakh rupees only), as agreed upon by both parties under the contract.
  4. That the defendant has accepted a payment of Rs. 20,00,000 (twenty lakh rupees only) through cheque number ____ of the State Bank of India, Saket Branch. The payment was made at the time of the contract. Further, the plaintiff promised to pay the remaining amount of Rs. 30,00,000 (thirty lakhs only) to the defendant upon the completion of the registry of the plot. 
  5. That the defendant is refusing to accept the remaining payment. Subsequently, the plaintiff sent a legal notice to the defendant with respect to the same, and the defendant replied with an excuse to transfer the plot. 
  6. That the cause of action arose when the defendant refused to convey the said plot to the plaintiff as per the terms of the contract.
  7. That the contract between the disputing parties was entered into in Delhi and the suit property is situated in Delhi. Hence, this court has the jurisdiction to try this matter.
  8. That the value of the subject matter of the suit is Rs. 30,00,000 (thirty lakhs only), and the same has been attached as a court fee for the purpose of the jurisdiction of the court. 
  9. That the suit is well within the period of limitation.
  10. That no suit on the same cause of action is instituted or pending before any other court.

PRAYER

The plaintiff therefore humbly prays for the following:

  1. The court is pleased to order the defendant to perform his part of the contract by accepting the remaining payment and conveying the property to the plaintiff.
  2. That the plaintiff be allowed to dispose of the balance consideration in court.
  3. That the defendant be ordered to pay costs to the plaintiff.
  4. That the defendant be ordered to pay to the plaintiff any other relief as the court may deem fit and proper.

Signature                                                                                                               Signature

(Advocate)                                                                                                             (Plaintiff)                                                                                                                                   

Place:

Date:

VERIFICATION

I, “A”, the above named Plaintiff do solemnly declare that what is stated in Paras 1, 2, 3, 4, and 5 are true to my knowledge and the contents of remaining Paras 5,6,7,8,9 and 10 are stated on the basis of my information and belief and are according to legal advice from my advocate which I believe to be true.

Place:                                                                                                                        Signature

Date:                                                                                                                         (Plaintiff)

AFFIDAVIT

  IN THE COURT OF CIVIL JUDGE, SAKET, DELHI

Suit No. __/ 2024

 Date of institution of the suit: 

IN THE MATTER OF:

A, s/o ___, r/o___                                                                                            …….Plaintiff

vs.

B, s/o____, r/o____                                                                                ………..Defendant

AFFIDAVIT

I, “A”, do hereby solemnly affirm and declare as under:

  1. That I am the deponent in the above mentioned suit, and I am well conversant with the facts of the case and thus, swear the contents of the affidavit.
  2. That the contents of the plaint are true and correct and to the best of my knowledge. They are not repeated here for the sake of brevity.

Place:                                                                                                                      Signature

Date:                                                                                                                        (Deponent)

VERIFICATION

I, “A”, the above named plaintiff, do solemnly declare that what is stated in Paras 1, 2, 3, 4, and 5 are true to my knowledge and the contents of remaining Paras 5,6,7,8,9 and 10 are stated on the basis of my information and belief and are according to legal advice from my advocate which I believe to be true.

Place:                                                                                                                        Signature

Date:                                                                                                                         (Deponent)

Conclusion

A plaint is the foundation of a civil lawsuit and plays a crucial role in determining whether the suit is admissible before the court or not. The format of the plaint must be meticulously followed to provide the pleadings in a structured format. A well drafted plaint leaves a positive difference since it aids in understanding the cause of action, thus preventing the dismissal of the case. 

In contemporary times where time and efficiency are of essence, understanding and adhering to the prescribed format is crucial, as a well drafted plaint is the first step towards achieving justice and protecting the rights of the disputing parties.

A well drafted plaint plays a crucial role in providing clear knowledge of the facts of the case and issues between the disputing parties. However, simplifying the regulations under the provisions of C.P.C. will make it easier for a layman to file the suit. Otherwise, filing a plaint with a lot of regulations is quite difficult. So, instead of scrapping the concept of plaints itself, the regulation under several provisions of the law should be reduced.

References

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