A plaint is a legal document used by a plaintiff after filing a suit before a
civil court. It is in written form and contains all the details of the suit to
present his/her claim. It is the first step in filing the suit, and the whole
proceeding is based on the plaint.
The Code of Civil Procedure under Order VII contains all the necessary
information about the plaint. Rule 1 of Order VII refers to the particulars that
are necessary while filing a plaint. On the top of the plant, the name of the
court before which the suit is filed should be stated. i.e. before the district
court of Dehradun or the high court of Uttarakhand. The second thing in the
plaint is necessary is the name, description, and place of residence of both
plaintiffs and defendants. The third thing is to state the mental condition of
both parties or if they are minors.
Then the plaintiff has to mention the cause
of action, where it started, the jurisdiction of the court, and why the court
should hear the plea. In the plant, the relief that the plaintiff claims should
also mention whether he has allowed a set-off to relinquish a portion of his
claim and a statement of the value of the subject matter. The value of the
subject matter is necessary for the jurisdiction of the court and court fees.
a plaintiff sues a defendant as a representative, he has to show that he has
taken all the important steps to institute the suit in the subject matter in
which he is interested. Also, he has to mention the document in the list while
presenting a plaint on which he sues or relies.
However, where the matter is related to the recovery of money, the plaintiff has
to mention the exact amount that he claims in the plaint but where he is filing
a suit in which he cannot value the amount, where the amount is decided after
the investigation; plaintiff has to mention the approximated amount. These
approximated amounts are stated in mesne profit, a movable property that is in
possession of defendants, or the debt, and when the subject matter is related to
movable property, the plaintiff has to mention the description of the property
sufficient to identify it like boundary number in record of the property. (Rule3
The court sends summon to the defendants to inform him to present in court, so
the plaintiff has to submit copies of the plaint as the no. of defendants are in
the suit within seven days from the date of order as well as he has to pay the
required fees to summon the defendant after plaint has been filed.
While instituting a suit, the suit mustn't be filed in defect jurisdiction. If a
plaintiff files the suit under improper jurisdiction, the plant will be returned
to the proper jurisdiction. It can be done at any stage of the suit to present
it in proper court. Before the amendment, when a suit is returned from the wrong
court to the proper court, the suit cannot be continued from where it is
returned. It should be filed as new suit in the proper jurisdiction court.
However, before the case of Joginder Tuli vs. S.L. Bhatia, the Supreme Court
gave an opinion that the amendment of the plaint increase the value of the suit
and pecuniary jurisdiction was lost. The high court directed to proceed with the
case from where it was transfer. S.C. gave power to the court of first instant
to specify the proper court to the plaintiff and the respondent and fix the date
regarding the same (rule 10A).
Case- oriental insurance co. tejparas associates and Exports Pvt. Ltd.
It is not necessary that every plant would be accepted by the court. The plaint
can be rejected by the court if the cause of action is not mentioned in the
plaint, the undervaluation of relief claimed and failed to correct in the given
time, if the valuation of relief is correct but not properly stamped and fails
to do so in requested time, barred by law, or not filled in duplicate or fails
to comply with rule 9 or order VII. When the judge rejects a plaint, the reason
is to be recorded by the court.
FORMAT OF PLAINT
IN THE CIVIL COURT
DEHRADUNSUIT NO._____OF 2023
Ram Lal Singh aged 41, S/O______contact no.
Malika Singh Aged 39 years, R/O Ram Lal Singh, contact
SUIT FOR THE PARTITION OF PROPERTY
MOST RESPECTFULLY SHOWETH:
- That the petitioner is a resident of Rajpur Road, Dehradun and the defendant is the cousin of the plaintiff.
- That the petitioner wants to use his portion of land that is near the house of the petitioner.
- That the defendant is not ready to give the portion of land to the plaintiff.
- That the defendant wants to build a house overall land without paying the cost of the portion to the plaintiff.
- That the cause of action arose in favor of the petitioner since respondent is using unfair demands and tactics.
- That there is no collusion between the petitioner and respondent.
- That there is no other proceeding with respect to the property between the petitioner and the respondent have been filed in the Hon'ble court or any court in India.
- That this Hon'ble court has jurisdiction to entertain and try this petition as the land is in Dehradun.
- That the court fee has been affixed.
In the fact and circumstances mentioned herein above this Hon'ble, court may
graciously be pleased to:
- Pass a decree in favour of petitioner and against the respondent.
- Pass any other relief or reliefs which the court may deem proper under the
circumstances be also awarded by the petitioner.
I, state on solemn affirmation that whatever contains in paragraphs 1 to para
no. 9 of the petition is true to my own knowledge and whatever contained in
paragraphs no. 1 to para no. 9 is based on information received and believed to
be true to me.
Sighed and verified this ____day of_______2023 at_____
The plaint helps in better understanding of the facts and point of conflict. It
is in written so that any one can understand the fact and issue of the matter of
the suit easily.