This Article is written by Rohit Raj, a student currently pursuing B.A. LLB. (Hons.) from Lloyd Law College. This is an exhaustive article which deals with the concept of Plaint and what are the necessary contents that should be available in Plaint. In this article, the author also deals with how to write a proper Plaint.
Table of Contents
Introduction
If you’ve ever thought why this concept of plaint comes into the picture and what are the benefits & why this plaint is necessary, here‘s everything you need to know. This whole article on sample plaints deals with the concept of ‘Plaint’ according to the provision of law and what are the necessary contents which are required to be there in plaint. This article also deals with the other aspects of plaint like common mistakes made in the plaint and some tips to write a proper plaint according to the provision of CPC.
Plaint
A Plaint is a legal document that contains the content of any civil suit which shows the Plaintiff’s claim after filing suit. The plaint is the first step of the Plaintiff in the form of a legal document for the commencement of suit and it shows what a Plaintiff wants from that suit. The concept of a plaint is mentioned in the Civil Procedure Code. Through the help of plaint, the plaintiff narrates or describes the cause of action and related information which is considered as essential from the viewpoint of the suit.
In the case of plaint, the cause of action consists of two divisions, first is the legal theory (the factual situation based on which the plaintiff claims to have suffered) and second is the legal remedy that the plaintiff seeks from the court. A plaint is considered an important concept because it is the foremost and initial stage to initiate any lawsuit and helps to find a civil court of appropriate jurisdiction.
Order VII of the Code of Civil Procedure deals, particularly with plaint. In Order VII of CPC, there are many different rules which deal with different constituents of plaint. Rules 1 to 8 deal with the particulars of the plaint. Rule 9 of CPC deals with how the plaint will be admitted and after that Rule 10 to 10-B talks about the return of the plaint and the appearance of parties. And the main Rules i.e 11 to 13 deal with the rejection of the plaint and in which circumstances the plaint can be rejected.
Section 26 of the Code of Civil Procedure states “Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed.” This section clearly shows that plaint is very much necessary for the establishment of a suit before the civil or commercial court.
Necessary Contents of A Plaint
A plaint is a legal document that contains a lot of necessary contents in the absence of which, it cannot be considered as a plaint. The contents necessary for a plaint are mentioned in Rules 1 to 8 of Order VII of CPC. These are mentioned below:
- Plaint should contain the name of the commercial or civil court where a suit will be initiated.
- Plaint should contain details of the plaintiff such as the name, address, and description.
- Plaint should contain the name, residence, and description of the defendant.
- When a plaintiff has some defects or problems in health or any type of disability, the Plaint should contain a statement of these effects.
- Plaint should contain the facts due to which cause of action arises and where the cause of action arises it should also be mentioned.
- Plaint should not only mention facts due to which cause of action arises but also those facts which help in recognizing the jurisdiction.
- Plaint should also contain about that relief which the plaintiff seeks from the court.
- When the plaintiff is ready to set off a portion of his claim, the Plaint should contain that amount which has been so allowed.
- Plaint should contain a statement of the value of the subject-matter of suit not only for the purpose of jurisdiction but also for the purpose of court-fees.
- At last, the content that should be on plaint is the plaintiff verification on oath.
This shows that the plaint is a necessary component for the successful initiation of suits in commercial or civil courts and plays a very important role throughout the suit. Some additional particulars which were not mentioned above include the following: Plaintiff shall state the exact amount of money to be obtained from the defendant as given under Rule 2 of order VII whereas Rule 3 of order VII of CPC states that when the plaint contains subject matter of immovable property, then the property must be duly described.
Rejection of plaint
The Plaint shall be rejected in certain situations when requirements are not fulfilled. Some of the situations in which the plaint is rejected are as follows:
- The plaint is rejected in a case where the cause of action is not disclosed. If the cause of action is not disclosed then it is not possible to prove the damage caused to the plaintiff. To seek relief against the defendant, the facts need to be mentioned clearly. In the case of Snp Shipping Service Pvt. Ltd. v. World Tanker Carrier Corporation, the plaint was rejected and the suit dismissed under Order 7, Rule 1(a) of the C.P.C.,1908.
- The plaint is also rejected in a case where the plaintiff relief is undervalued and the plaintiff is requested by the court to correct the valuation within the given time frame but the plaintiff fails to do so.
- The plaint is rejected in a case where all the documents are not properly stamped and the plaintiff on being required by the court to supply the required stamp paper within a time to be fixed by court fails to do so.
- The plaint is mostly rejected due to the statement mentioned in the plaint secured by any law or statute that doesn’t give any right to the plaintiff to file the suit.
- When a duplicate copy of the plaint is not submitted whereas it is mentioned that it is mandatory to submit the duplicate copy then in that condition plaint is liable to be dismissed.
- The plaint is rejected when the plaintiff fails to comply with the provisions of Rule 9 of Order VII of C.P.C.
Provisions on the Rejection of Plaint under C.P.C.
As we have already said in what circumstances the plaint can be rejected and now what are the provisions that are related to the rejection of the plaint under Code of Civil Procedure. Some of the provisions regarding the rejection of a plaint are mentioned below:
- Order VII Rule 12 of C.P.C states the procedure on rejecting the plaint so that it can be used as a precedent for future cases.
- Order VII Rule 13 of C.P.C states that rejection of the plaint does not stop the presentation or filling of the fresh plaint.
Two modes which are mentioned to show the manner in which the plaint can be rejected:
- The defendant has the right to file an application in the form of an interlocutory application at any stage of proceedings for the rejection of the plaint.
- Suo moto (on its own): The meaning of the suo moto itself defines the way of rejection of the plaint. Suo moto rejection is under Order 7 Rule 11 which states Rejection of the plaint. A court can itself try a suit under Order 7 Rule 11 if the plaint fulfills the conditions discussed in the first point.
Landmark Cases on Rejection of Plaint
Many cases came in front of court related to the rejection of plaint but some of the cases given below are now considered as a landmark for other cases on the rejection of plaint:
- Kalepur Pala Subrahmanyam v Tiguti Venkata: In this case, it was said that a plaint cannot be rejected in part and retained part under this rule. It must be rejected as a whole and not with the rejection of one part and acceptance of another. This judgment is considered as a landmark judgment on the rejection of the plaint.
- Sopan Sukhdeo Sable v. Asstt. Charity Commr.: In this case, it was held that where the suit was at the stage of recording of evidence and an application under Order 7 Rule 11 of the code was filed to delay the proceedings of the suit, the application under Order 7 rule 11 of the code was rejected.
- Bibhas Mohan Mukherjee v. Hari Charan Banerjee: In this case, it was held that an Order rejecting a plaint is a decree and hence it is applicable and binding in other cases which involves the rejection of the plaint.
- K. ROJA vs. U.S. RAYU: Court, in this case, held that any application for the rejection of the plaint under Order 7 Rule 11 of the code of civil procedure can be filed at any stage and the court has to dispose of the same before proceeding with the trial.
- Kuldeep Singh Pathania vs. Bikram Singh Jarya: In this, the court held that for an application under Order VII Rule 11(a) of Code of Civil Procedure, only the pleadings of the plaintiff can be looked into and neither the written statement nor averments can be considered for inquiry.
Drafting of a Plaint
Drafting of plaint on any issue is considered as most important in order to file the suit in the court and in this plaint drafted for the injunction on the use of unused land as a dumping area by the resident of Malviya Nagar, New Delhi that leads to health problem of the plaintiff due to huge collection of waste material and bad smell all the time.
IN THE CIVIL COURT AT SAKET NAGAR, DELHI
Suit No. 166 of 2020
Abhinav Sharma
B104, Malviya Nagar, New Delhi ……… Plaintiff
V.
Sharmistha Sharma
Malviya Nagar, New Delhi …….. Defendant
Suit for the Injunction On the use of Unused land as a dumping area
The Plaintiff submitted as under:
- The plaintiff is a resident of Malviya Nagar, New Delhi, and the Defendant is a neighbor of the plaintiff.
- Unused land is near the house of the plaintiff, which is used by the resident of B106 i.e. defendant as a dumping yard for the waste material of her house.
- That the Defendant was all the time throwing the waste material in that unused land near the house of the plaintiff.
- Since a very long time of being used as a dumping yard by the defendant, there is a collection of huge waste material that leads to the health problem of the plaintiff.
- That the court has jurisdiction on this matter to fix an injunction on the use of unused land as a dumping area as it restricts his free movement and also leads to affect health due to defendant action.
Prayer:
It is Prayed that a decree for the injunction is passed in favor of the plaintiff against the defendant. And some other relief as the court thinks fit.
Place: Malviya Nagar Signature
Date: 04/02/2020 (Abhinav Sharma)
Verification:
In the above-named plaintiff do hereby verify that the contents of the paras no. 1,2,3 and 4 are true to my knowledge and the contents of remaining paras are according to legal advice from my advocate which I believe to be true.
Place: Malviya Nagar s/d of Plaintiff
Date: 04/02/2020 (Abhinav Sharma)
Conclusion
The plaint is a concept that emerged in the field of law for the better knowledge of the point of conflict and facts so that effective and well-informed decisions can be delivered. The concept of plaint is required in the commercial and civil matters which are dealt with by the commercial and civil courts. But the plaint has increased the complexity of the process and may make it tough to file the suit for legal remedy by the common people. It is also a time taking process due to which people are dissatisfied with this concept of plaint.
Due to the presence of many orders and rules under the provision of the Code of Civil Procedure for the regulation of plaint rejection, formation, and drafting of the plaint brings a lot of chaos in the civil system.
In my opinion, a plaint helps in improving the knowledge of facts and points of conflict. 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 regulation is quite difficult. So, instead of scrapping the concept of plaints itself, the regulation under several provisions of the law should be reduced.
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