A Plaint is a legal document or memorandum filed by the plaintiff whereby he discloses a cause of action arose in his favour due to the act or omission on the part of defendant. The content of the civil suit is laid out in a plaint. Hence, it is the very first step towards the commencement of suit. The plaint is the prominent as well as first step for initiating a civil suit. A plaint helps in getting a clear knowledge regarding the point of conflict and facts related which helps in making a properly informed decision. Order VII of The Code of Civil Procedure, 1908 deals with a plaint. Generally, a plaint is the pleading of plaintiff.
Particulars of a plaint
A plaint consists of a heading, the cause title, the body, the prayer and signature and verification of the plaintiff.
- Plaint should contain the name of the commercial or civil court where the particular suit is initiated.
- Name, place and description of the plaintiff’s residence.
- Name, place and description of the defendant’s residence.
- If either of the parties is of unsound mind or minor then 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 mention both the facts i.e., the facts due to which cause of action and the facts which help in recognizing the jurisdiction.
- Plaint should also contain about that relief claimed by the plaintiff.
- The amount relinquished or allowed to be set off by plaintiff
- 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.
- A plaint should contain the plaintiff verification on oath.
There are Some additional particulars which were not mentioned in above particulars. They are:
- Order VII, Rule 2 of CPC states that Plaintiff shall state the exact amount of money to be obtained from the defendant.
- Order VII, Rule 3 of CPC states that when the plaint contains subject matter of immovable property, then the property must be duly described.
- After expiration of the limitation period if the plaintiff files the suit, then, the person must state the reason for which such an exemption is claimed from the law.
- The defendant’s involvement should be shown in the plaint and it should show the defendant’s interest in the same.
Rejection of plaint
Rejection of plaint can happen in some situations when the requirements are not fulfilled. Following are some of the situations in which a plaint is rejected:
- When the cause of action is not disclosed in that case the plaint is rejected. To prove the damage caused to the plaintiff it is very important to disclose the cause of action. If the cause of action is not disclosed then it is not possible to prove the damage caused to the plaintiff.
- If the plaintiff relief is undervalued and the plaintiff is requested by the court to correct the valuation within the given time period in that case also the plaint can be rejected.
- If the necessary documents are not properly stamped and the plaintiff fails to supply the required stamp paper on being required within a time to be fixed by court, then the plaint gets rejected.
- 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.
- The plaint is likely to get dismissed when a duplicate copy of the plaint is not submitted whereas it is mentioned that it is mandatory to submit the duplicate copy.
- When the plaintiff fails to comply with the provisions of Rule 9 of Order VII of C.P.C. the plaint is rejected.
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