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.
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;
