A plaint is a statement of claim, a document by the presentation of which the suit is instituted. Its object is to state the grounds upon which the assistance of the Court is sought by the plaintiff. It is a legal document which contains the written statement of the plaintiff for the claim and the first step towards the initiation of a suit. Plaint should contain the relevant facts on which either party relies.
Section 26 of Code of Civil Procedure, 1908 stipulates that every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed.
The Plaint is not defined in the CPC or any other act or procedurals act. But the procedure of filing the plaint and particulars are defined under Order VII of CPC. Rules 1 to 18 defines the procedure of the case. Rule 1 to 8 relates to particular of the plaint, Rule 9 describes the procedures on admitting plaint, Rule 10 to 10-B states the procedure for the return of plaint and appearance of the parties, Rule 11 to 13 deals with the rejection of a plaint and Rule 14 to 17 provide the procedure of production of documents. It is a pleading of the plaintiff and the first step to initiate a civil suit in the court of law.
Particulars of plaint
- Name of the Court where the suit is brought –The name of the Court is necessary to be mentioned in the plaint as a heading. For example: In the court of Hon’ble Civil Judge (Senior Division), Gurugram.
- Particulars of the Plaintiff – In civil matters the name, father’s name, and residence of the plaintiff should be mentioned and the number of plaintiffs may be one or more than one in a suit. The name of the plaintiff, father’s name and address, etc. should be mentioned in the plaint as plaintiff detail. For example Ravi S/o Samish Kumar R/o Gurugram.
- Particulars of the Defendant – Name, father’s name, and residence of the defendant should also be mentioned in the plaint. For example Rahil S/o Om Parkash R/o Gurugram.
- Subject Matter – The Subject matter or the nature of the suit should be mentioned in the plaint. For example Suit for declaration of Permanent Injection.
- Court Fee – A court fee is paid in every suit. Calculating the court fee payable in a suit requires a basic understanding of the court fees act and suits the valuation act.
- Limitation Period – Limitation period should be kept in mind before filing the suit. Limitation Act prescribes the period of limitation for the filing of a suit and procedure for computation of the period of limitation.
- Jurisdiction of the Court – Basically, the jurisdiction of the court has been divided into three parts: (i)Territorial Jurisdiction: The territorial jurisdiction of the court is determined by the territory in which the subject matter related to the suit is situated in. (ii) Pecuniary Jurisdiction: The monetary limit i.e. the suit value which is triable by a particular class of Civil Court. (iii) Subject Jurisdiction: Original jurisdiction decides whether the court has jurisdiction to entertain or trying the suit.
- Relief – It is a last part of the plaint and the plaintiff must be claimed properly and accurately.
- Signature and Verification – At the end of the plaint, the plaintiff puts up his signature. In case the plaintiff is not present due to the sufficient reason then the plaintiff can authorize a person on behalf of him.
The plaint should be duly verified by the plaintiff. The plaintiff should verify the paragraphs of the facts of the plaint and should give the statement that the paragraphs are true and correct on the basis of his knowledge.
The plaintiff put the signature at the end of the plaint after the verification of facts along with the date and place.
-Niyti Jangra
Associate at Law Offices of Kr. Vivek Tanwar, Advocate & Associates