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Plaint under Civil Procedure Code Index
**1. Plaint meaning
- Particulars of Plaint, Additional particular
- Rejection of Plaint
- Procedure of Admission of Plaint
- Return of plaint
- Cases 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. A plaint is also known as a pleading and is a document of law containing the plaintiff’s written statement mentioning his claims. It has been stated under section 26 of the code of civil procedure that each and every suit shall be instituted by presenting a plaint or in any such manner as have been prescribed already. It can be clearly understood by the text of this section that the plane is a necessary and basic requirement of a suit to be instituted before a court. A plaint has been dealt with under order 7 of the civil procedure code. Order 7 is constituted of 18 rules, of which- 1)The particulars to be mentioned in a plaint are provided under rules 1 to 8, 2)The procedure to be followed after the plaintiff has been admitted is laid down under rule 9,
3)The appearance of parties and return of plaint have been discussed under rules 10 to 10 B, 4)The rejection of plaint is dealt with by the rules 11 to 13, 5)The provisions concerning the production of documents have been laid down under rules 14 to 17. The plaint helps in describing the cause of action and essential information is to be considered. Therefore it can be concluded that a plaint is the statement of claims in which the plaintiff sets out his cause of action with all necessary particulars. In civil proceedings, the plaintiff submits a plaint stating the cause of action, the issue or issues in controversy. Cause of Action The cause of action of a plaint has consisted of two subdivisions i.e. the legal theory and the legal remedy.
- The legal theory is the factual situation stated upon which the claims of the plaintiff are based.
- The legal remedy is the remedy order relief which the plaintiff seeks to obtain from the court of law 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: I. The name of the particular court where the suit is initiated. II. Name, place, and description of the plaintiff's residence III. Name, place, and description of the defendant's residence. IV. A statement of unsoundness of mind or minority in case the plaintiff or the defendant belongs to either of the categories. V. The facts that led to the cause of action and when it arose.
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. Procedure For Admission Of The Plaint: When the court serves the summons for the defendant, according to Order V, Rule 9, the plaintiff must present copies of then plaint according to the number of defendants, and should also pay the summons fee, within seven days of such a summons. The Particulars Of A Plaint Can Be Divided Into Three Important Parts Such As Heading And Title, Body Of The Plaint, And Relief Claimed. Heading And Title: Name Of The Court: The name of the court should be written as the heading. It is not necessary to mention the presiding officer of the court. The name of the court would be sufficient. Eg. In the Court of District Judge, Kolkata. Parties To The Suit: There are two parties to every suit, the plaintiffs and the defendants. For the purpose of the suit, the name, place, and description of the residence of both the plaintiffs and the defendants have to be mentioned in the particular plaint. When there are several plaintiffs, all of their names have to be mentioned and have to be categorically listed, according to their pleadings, or in the order in which their story is told by the plaintiff. Minors cannot sue nor can be sued. So if one of the parties is a minor or of unsound mind, it will have to be mentioned in the cause title. 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
Relief: The last part of the plaint is the relief. The relief claimed must be worded 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 has to be done with utmost carefulness because the claims in the plaint cannot be backed by oral pleadings. Signature And Verification: I. The signature of the plaintiff is put towards 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. II. The plaint should also be duly verified by the plaintiff. In case the plaintiff is unable to do so, his/ her representative may do the same after informing the court. III. 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. IV. The signature of the plaintiff/ verifier, a Where the language of the plaint is beyond the comprehension of the plaintiff, the same has to be translated, or made known to the plaintiff, and only after that can he/ she put his/her signature and get the plaint verified by the Oath Commissioner. Return Of Plaint Order VII, Rule 10 states that the plaint will have to be returned in such situations where the court is unable to entertain the plaint, or when it does not have the jurisdiction to entertain the plaint. The courts can exercise the power of returning the plaint for presentation before the appropriate court if it feels that the trial court itself did not have the appropriate jurisdiction in the first place.
Once the appellate court finds out that the trial court decided on the civil suit without proper jurisdiction, such decision would be nullified. 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.
