FORMATION OF PLAINTS IN CIVIL COURTS

Chapter 1

Introduction

According to section 26 of the Code of the Civil Procedure[1] every suit shall be instituted by the presentation of a plaint. Once the plaint is ready, it is to be filed in the court which has both territorial and pecuniary jurisdiction. According to sec. 15 of the CPC a suit triable by a civil court must be instituted in the court of the lowest grade competent to try it. Once a plaint is taken to the court, the court officer, i.e. the Sheristadar shall examine, inter alia, if the relief claimed has been properly valued and the court fees paid etc. After such examination he puts a serial number of the suit and will enter the suit into a register called the register of the suits. The date of filing shall also be stamped on the plaint as soon as it is filed. Once this is done a civil suit is said to have been started. The machinery of a court is set in motion by the presentation of a plaint, which is the first stage in a civil suit.[2]
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.
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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;

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