Firstly, it is pertinent to note that the expression ‘plaint’ is not defined anywhere on the civil procedure code, although the code defines the word ‘pleadings’ as a “plaint or a written statement”. Order VII, of the Civil Procedure Code, 1908 contains all the aspects regarding plaint. In general, plaint is considered as a legal document which contains a written statement on plaintiff’s claim, a plaint is a first step on initiation of suit. A plaint can be defined as a statement of claim, by presentation, a suit can be proceeded, on determination of its cause of action. In simpler terms, the Plaintiff’s claim is brought to the court of law for asking of redress for the grievances.
A plaint should include all of the facts of the case that led to the cause of action. A plaint cannot be filed in civil court if there is no valid cause of action. When the cause of action is ambiguous, it is difficult for a court of law to establish a relief for grievances. As a result, the cause of action must be clear and without ambiguity. The cause of action must be certain.
A plaint which is produced before any civil court with the appropriate jurisdiction should contain all the necessary requisites for a plaint. A plaint must include facts of the case, cause of action and also the relief the plaintiff expects to obtain from the court.
Rule 1 of the Order VII of civil procedure code, states about the “particulars to be mentioned in a plaint”
The plaint should contain the following particulars:
- the name of the Court in which the suit is brought;
- the name, description and place of residence of the plaintiff;
- the name, description and place of residence of the defendant, so far as they can be ascertained;
- where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that effect;
- the facts constituting the cause of action and when it arose;
- the facts showing that the Court has jurisdiction;
- the relief which the plaintiff claims;
- where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed or relinquished; and
- a statement of the value of the subject-matter of the suit for the purposes of jurisdiction and of court-fees, so far as the case admits.
It is gravely important to mention a note over here, that every plaint must contain a relief, or prayer for what the plaintiff is expecting to be obtained from the court of law, for the damage or the grievances that the plaintiff has suffered due to the defendant’s actions. Relief is that last step in formation of a plaint, and the relief asked from the court of law must be accurately put with the utmost certainty.
Relief asked for could be in different forms, some may be injunctions while others may ask for compensation or pecuniary damages, the plaintiff could also ask for the ‘specific performance’ by the defendants. The relief that is to be expected to be obtained by the court may differ from case to case, and an appropriate remedy must be asked from the court considering the circumstances of the case which will benefit the plaintiff most and that they might after acquiring such a remedy will go back to the same position they were before they suffered a damage due to defendant’s action. This process must be done with utmost discretion.
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
If you are interested in participating in the same, do let me know.
The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.
If you would also like to contribute to my website, then do share your articles or poems at firstname.lastname@example.org
We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.
We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge