Chapter 1
Introduction

Rules
1 to 8 of Order 7 relate to particulars in a plaint. Rule 9 lays down procedure
on plaint being admitted. Whereas Rule 10 provides for return of plaint, Rules
11 to 13 deal with rejection of plaint. Rules 14 to 18 contain provisions
relating to production of documents. Order 3 enables a party to appear in a
court either in person, or through a recognized pleader. Order 5 deals with
summons to a defendant. It contains provisions regarding issuance and service
of summons. Order 12 deal with the Admission of plaint, and, Order 19 deal with
the Affidavit, and also discuss about the schedule of the property.
1
2
3
Chapter 2
Particulars
of the Plaint
2.1 What is Plaint?
The expression
‘plaint’ has not been defined in the code. However, it can be said to be a
statement of claim, a document, by 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 pleading of the plaintiff.[3]
2.2 Particulars of Plaint
Every plaint should contain the following
particular:
i.
The name of the court in which the suit is brought;
ii.
The name, description and place of residence of the
plaintiff and defendant;
iii.
Where the plaintiff or defendant is a minor or a person
of un sound mind, a statement to that effect;
iv.
The facts constituting the cause of action and when it
arose;
v.
The facts showing that the court has jurisdiction;
vi.
A statement of the value of the subject- matter of the
suit for the purpose of jurisdiction and court-fees;
vii.
The relief claimed by the plaintiff, simply or in the
alternative;
viii.
Where the plaintiff files a suit in a representative capacity, the facts showing
that the plaintiff has an actual existing interest in the subject matter and
that he has taken steps that may be necessary to enable him to file such a
suit;
ix.
Where the suit is for recovery of money, the precise
amount claimed;
x.
Where the plaintiff has allowed a set-off or
relinquished a portion of his claim, the amount so allowed or relinquished;