Sample plaint under civil procedure court.
October 13,2023
This article is written by Adv. Simran Acharya and this article is focus on plaint, essential elements in plaint, and grounds of rejection of plaint and how to draft a plaint.
And this article has been published by Adv Prakash Chand Sharama.
1.Introduction:-
If you have ever wondered why the concept of a plaint is necessary and what benefits it offers, this article on sample plaints will provide you with all the necessary information. The concept of a plaint is based on the provisions of the law and it is essential to understand what the necessary contents of a plaint are. In addition to this, the article also covers other aspects of a plaint, such as common mistakes that are made and tips for writing a proper plaint in accordance with the provisions of the Code of Civil Procedure (CPC).
2. Plaint:-
A plaint is a crucial legal document that contains the contents of any civil suit and shows the plaintiff's claim after filing a suit. It is the first step taken by the plaintiff in the form of a legal document for initiating a suit and outlines what the plaintiff wants from that suit. The concept of a plaint is mentioned in the Civil Procedure Code and serves as a means for the plaintiff to narrate or describe the cause of action and related information that is essential from the viewpoint of the suit. In the case of a plaint, the cause of action consists of two divisions:
The legal theory or the factual situation based on which the plaintiff claims to have suffered and the legal remedy that the plaintiff seeks from the court. A plaint is considered an essential concept as it is the first and foremost stage to initiate any lawsuit and helps to find a civil court of appropriate jurisdiction.
Order VII of the Code of Civil Procedure deals specifically with the plaint. In this order, different rules deal with different constituents of a plaint. Rules 1 to 8 deal with the particulars of the plaint, Rule 9 of CPC deals with how the plaint will be admitted, and Rules 10 to 10-B talk about the return of the plaint and the appearance of parties. The main Rules, i.e., 11 to 13, deal with the rejection of the plaint and the circumstances in which the plaint can be rejected. Section 26 of the Code of Civil Procedure states that "Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed." This section clearly shows that a plaint is necessary for the establishment of a suit before the civil or commercial court
3.Necessary Contents of a Plaint:-
A plaint is a critical legal document that must contain specific necessary contents to be considered valid. The contents required for a plaint are outlined in Rules 1 to 8 of Order VII of the CPC. These contents include:
1. Name of the court: The name of the commercial or civil court where the suit will be initiated must be mentioned in the plaint.
2. Details of the plaintiff: The name, address, and description of the plaintiff must be included in the plaint.
3. Details of the defendant: The name, residence, and description of the defendant must also be mentioned in the plaint.
4. Plaintiff's defects: If the plaintiff has any defects or disabilities, a statement to that effect should be included in the plaint.
5. Cause of action: The facts that give rise to the cause of action must be mentioned in the plaint, along with the place where the cause of action arises.
6. Jurisdiction: The plaint must include not only the facts that give rise to the cause of action but also those facts that help in recognizing the jurisdiction.
7. Relief sought: The plaint should clearly state the relief that the plaintiff seeks from the court.
8. Set-off amount: If the plaintiff is ready to set off a portion of their claim, the amount that has been allowed for set-off must be mentioned in the plaint.
9. Value of subject-matter: The plaint must contain a statement of the value of the subject matter of the suit, not only for the purpose of jurisdiction but also for the purpose of court fees.
10. Plaintiff verification: The plaint must be verified by the plaintiff on oath. These necessary contents highlight the importance of a plaint in the successful initiation of suits in commercial or civil courts. A well-drafted plaint plays a vital role throughout the suit.
4.Rejection of plaint:-
The Plaint shall be rejected in certain situations when requirements are not fulfilled. Some of the situations in which the plaint is rejected are as follows: The plaint is rejected in a case where the cause of action is not disclosed. If the cause of action is not disclosed then it is not possible to prove the damage caused to the plaintiff. To seek relief against the defendant, the facts need to be mentioned clearly. The plaint is also rejected in a case where the plaintiff relief is undervalued and the plaintiff is requested by the court to correct the valuation within the given time frame but the plaintiff fails to do so. The plaint is rejected in a case where all the documents are not properly stamped and the plaintiff, on being required by the court to supply the required stamp paper within a time to be fixed by court fails to do so. The plaint is mostly rejected due to the statement mentioned in the plaint secured by any law or statute that doesn’t give any right to the plaintiff to file the suit. When a duplicate copy of the plaint is not submitted whereas it is mentioned that it is mandatory to submit the duplicate copy then in that condition plaint is liable to be dismissed.
As mentioned earlier, a plaint can be rejected if certain requirements are not fulfilled. Some of the situations in which a plaint may be rejected are:
1. Cause of action not disclosed: If the cause of action is not disclosed in the plaint, it may be rejected. The cause of action refers to the facts that give the plaintiff the right to seek relief against the defendant. If the cause of action is not disclosed, it may not be possible to prove the damage caused to the plaintiff.
2. Undervaluation of relief: If the plaintiff undervalues the relief sought in the plaint, the court may ask the plaintiff to correct the valuation within a specified time frame. If the plaintiff fails to do so, the plaint may be rejected.
3. Insufficient stamp duty: If the plaint is not properly stamped, it may be rejected. The plaintiff may be required to supply the necessary stamp paper within a time frame specified by the court. If the plaintiff fails to do so, the plaint may be rejected.
4. No right to sue: If the plaintiff does not have the right to sue under any law or statute, the plaint may be rejected.
5. Non-submission of duplicate copy: If the plaintiff fails to submit a duplicate copy of the plaint when it is mandatory to do so, the plaint may be rejected. It is important to ensure that the plaint is drafted in compliance with the provisions of the CPC to avoid its rejection
5. Provisions on the Rejection of Plaint under C.P.C:-
As mentioned earlier, a plaint can be rejected under certain circumstances. The Code of Civil Procedure (CPC) has provisions that outline the procedure for rejecting a plaint. Some of the provisions related to the rejection of a plaint are:
1. Order VII Rule 12 of the CPC: This rule provides the procedure for rejecting a plaint. According to this rule, if the plaint is not in compliance with the provisions of the CPC or any other law in force, the court may reject the plaint. The court must record the reasons for rejecting the plaint, and the plaintiff is given an opportunity to amend the plaint and present it again.
2. Order VII Rule 13 of the CPC: This rule states that the rejection of a plaint does not prevent the plaintiff from presenting a fresh plaint on the same cause of action. However, the plaintiff must pay the court fees again. It is essential to note that the court has the power to reject a plaint only under specific circumstances, such as if the plaint is not properly signed, the court fees have not been paid, or if the plaint does not disclose a cause of action. It is crucial to ensure that the plaint is drafted in compliance with the provisions of the CPC to avoid the rejection of the plaint.
7. Drafting of a Plaint:-
Drafting of plaint on any issue is considered as most important in order to file the suit in the court and in this plaint drafted for the injunction on the use of unused land as a dumping area by the resident of Malviya Nagar, New Delhi that leads to health problem of the plaintiff due to huge collection of waste material and bad smell all the time.
IN THE CIVIL COURT AT SAKET NAGAR, DELHI
Suit No. 166 of 2020
Abhinav Sharma
B104, Malviya Nagar, New Delhi ……… Plaintiff
V.
Sharmistha Sharma
Malviya Nagar, New Delhi …….. Defendant
Suit for the Injunction On the use of Unused land as a dumping area
The Plaintiff submitted as under:
The plaintiff is a resident of Malviya Nagar, New Delhi, and the Defendant is a neighbor of the plaintiff.
Unused land is near the house of the plaintiff, which is used by the resident of B106 i.e. defendant as a dumping yard for the waste material of her house.
That the Defendant was all the time throwing the waste material in that unused land near the house of the plaintiff.
Since a very long time of being used as a dumping yard by the defendant, there is a collection of huge waste material that leads to the health problem of the plaintiff.
That the court has jurisdiction on this matter to fix an injunction on the use of unused land as a dumping area as it restricts his free movement and also leads to affect health due to defendant action.
Prayer:
It is Prayed that a decree for the injunction is passed in favor of the plaintiff against the defendant. And some other relief as the court thinks fit.
Place: Malviya Nagar Signature
Date: 04/02/2020 (Abhinav Sharma)
Verification:
In the above-named plaintiff do hereby verify that the contents of the paras no. 1,2,3 and 4 are true to my knowledge and the contents of remaining paras are according to legal advice from my advocate which I believe to be true.
Place: Malviya Nagar s/d of Plaintiff
Date: 04/02/2020 (Abhinav Sharma)
8.Conclusion:-
The concept of a plaint is essential in the field of law as it helps in providing a clear understanding of the points of conflict and facts. This, in turn, enables the court to make well-informed decisions. The concept of a plaint is particularly relevant in commercial and civil matters that are dealt with by commercial or civil courts. However, it is also true that the process of filing a plaint can be time-consuming, which can lead to dissatisfaction among people. In my opinion, the concept of a plaint is necessary for ensuring that the court has all the necessary information to make a well-informed decision. However, the regulations under the provisions of the CPC can be challenging to understand, particularly for a layman. Therefore, simplifying the regulations and reducing the complexity of the process can make it easier for people to file suits. Instead of scrapping the concept of plaints, it is essential to reduce the regulations under several provisions of the law to make it more accessible and understandable for the general public.
9. Researcher and Writers:-
Intellectual Property Owner:-Techalam Legal Solution LLP*,
Author & Writer:- Simran Acharya*(B.Com, LLB, LLM, Adv.), Adv. Naya Jain **(LLB, ADV)
Researcher & Scientific Work:- Prakash Chand Sharma***
Technology & Intelligence Director:- Devendra Choudhary******
Founders, Designated Partners & Associate of Zumosun Group
Mobile:- +91 9116098980/9119112929 email:- thelegalbank@gmail.com
10. Reference:-
Order VII of the Code of Civil Procedure
Snp Shipping Service Pvt. Ltd. v. World Tanker Carrier Corporation,
