An Overview Of Plaint Under Code of civil procedure 1908

INTRODUCTION :- Plaint is a legal document in which the plaintiff pleadings are written . According to section 26 of CPC says that Every suit shall be instituted by the presentation of a plaint . Order 7 of CPC tells about the plaint .

CONTENTS OF A PLAINT :-

Rule 1 of the CPC says about the contents of a plaint .

The plaint shall contain the following contents .

1. The name of the court in which the suit is brought.

2. The name , description and place of residence of the plaintiff .

3. The name , description and place of residence of the defendant .

4. Mentioned if plaintiff or defendant is minor or unsound mind .

5. Facts which shows cause of action.

6. Court jurisdiction.

7. Relief which the plaintiff claims .

After presentation of the plaint there are condition may be arises that a plaint can be admitted or return or rejected .

When plaint admitted ?

Rule 9 of the plaint says that a Plaint can be admitted when the procedure is correct and follow the contents of Rule 1 of order 7 and jurisdiction is correct and submitted the court fees and charges , then the plain can be admitted by the court .

When a plaint return ?

Rule 10 of order 7 of the cpc says that a Plaint can be returned when jurisdiction is incorrect then in that scenario plaint can be returned by the court . If there is improper Court and Court have not pecuniary or territorial jurisdiction then a Plaint can be returned .

When a plaint rejected ?

Rule 11 of the order 7 of the cpc says that a Plaint can be rejected when facts not disclose a cause of action ,. Where the relief is undervalued ,. Where the suit is barred by any law ,. Where it is not filed in duplicate ,. Where the plaintiff fails to comply with the provisions of rule 9 . Then in that scenario plaint can be rejected by the court .

Some another things about the Plaint. :-.

1. In a Plaint there is material facts ( relevant facts ) and in a concise form and not contain any irreverent facts .

2. A plaint must be signed by the party .

3. A plaint must be varified by the party .

4. There is not any unnecessary , scandalous , frivolous things in the Plaint .

5. A Plaint can be amended at any stage of the proceedings .

6. A person who files a plaint is called plaintiff .

7. Every plaint shall comply with the rules contained in orders 6 and 7 so far as they are applicable .

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