PLAINT

PLAINT – Order VII

■ The Plaint is a document for instituting a suit in the proper court of law. A civil suit shall be instituted by
presenting a plaint to the court. Every suit shall be instituted in a competent court
■ ORDER VII Plaint 1. Particulars to be contained in plaint.—The plaint shall contain the following
particulars:—
(a) the name of the Court in which the suit is brought
(b) the name, description and place of residence of the plaintiff;
(c) the name, description and place of residence of the defendant, so far as they can be ascertained;
(d) where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that effect;
(e) the facts constituting the cause of action and when it arose;
(f) the facts showing that the Court has jurisdiction;
(g) the relief which the plaintiff claims;
(h) where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed or
relinquished; and (i) a statement of the value of the subject-matter of the suit for the purposes of
jurisdiction and of court-fees, so far as the case admits.
(a) The name of the Court in which the suit is brought
- In the Court of District Judge at…………….
- In the Court of Small Causes at…………….
- In the Court of Munsif at………………………
- In the High Court of Judicature at………….
- In the Supreme Court of India at New Delhi

(b) Description of the Plaintiff

Plaint shall contain the name, description and place of residence of the plaintiff. In case of more than one
plaintiff, the name description and place of residing of each plaintiff must be given. Plaintiff should be
given and numbered as 1,2,3,4 along with complete address. O1R1 Who may be joined as plaintiffs.—
All persons may be joined in one suit as plaintiffs where— (a) any right to relief in respect of, or arising
out of, the same act or transaction or series of acts or transactions is alleged to exist in such persons,
whether jointly, severally or in the alternative; and (b) if such persons brought separate suits, any
common question of law or fact would arise.
(c) Description of Defendants
The Plaintiff shall next contain name, description and place of residence of the defendant.
In case of suit against Government it shall be sufficient to mention the Central
Government or against State Government.
(d) Plaintiff as Minor or Person of Unsound Mind
Every suit by a minor shall be instituted in his name by a person who in such suit shall be
called the next friend of the minor.
(e) Facts constituting the Cause of Action
A plaint must contain the cause of action and the date when it arose. A separate paragraph
duly numbered should be provided for each material fact. Suit should be filed in time.
Date must be mentioned for the cause of action to establish that the suit is filed within the
time limit as per the provision of Indian Limitation Act, 1963. COA means the bundle of
facts or violation which necessitated the suit in question. The plaintiff shall disclose the
material fact in the plaint so as to enable the defendant and the court to ascertain whether
factually and legally the cause of action did arise as alleged or not. If COA is not
mentioned in the plaint, it is liable to be rejected.
■ OII R2 should lay down
1. Every suit shall include whole of claim which the plaintiff is entitled in respect of Cause of Action,
the plaintiff may relinquish any portion of his claim in order to bring the suit within jurisdiction of
any court.
2. If a plaintiff omits to sue any portion of his claim, he shall not afterwards sue in respect of the portion
so omitted or relinquished
3. A person entitled to more than one relief in respect of the same cause of action may sue for all or any
of such relief.
4. If the plaintiff seeks recovery of money, the plaint should state the accurate amount claimed. If a suit
is of immovable property, the complete description of the property should be given in the plaint to
identify it.
(f) Courts Jurisdiction
- Section 15 – Court in which suits to be instituted should be of the lowest grade competent to try it.
- Section 16 – Suit to be instituted where subject matter situate
- Section 20 – Other suits to be instituted where defendant resides or cause of action arises
(g) Relief – The plaint shall finally contain the relief to be claimed by the plaintiff either simply or in the
alternative.
O7R7. Relief to be specifically stated.—Every plaint shall state specifically the relief which the plaintiff
claims either simply or in the alternative, and it shall not be necessary to ask for general or other relief
which may always be given as the Court may think just to the same extent as if it had been asked for. And
the same rule shall apply to any relief claimed by the defendant in his written statement.
Order 7 Rule 11. Rejection of plaint.— The plaint shall be rejected in the following cases:—
(a) where it does not disclose a cause of action
(b) where the relief claimed is undervalued, and the plaintiff, on being required by the Court to correct
the valuation within a time to be fixed by the Court, fails to do so
(c) where the relief claimed is properly valued, but the plaint is returned upon paper insufficiently
stamped, and the plaintiff, on being required by the Court to supply the requisite stamp-paper within
a time to be fixed by the Court, fails to do so
(d) where the suit appears from the statement in the plaint to be barred by any law
(e) where it is not filed in duplicate
(f) where the plaintiff fails to comply with the provisions of rule 9
(h) Valuation of Suit – A suit has to be valued for purposes of pecuniary jurisdiction according to the
market value of the subject matter of the suit. Order VII, Rule 1(i) of CPC lays down a statement of the
value of the subject-matter or the suit for the purposes of jurisdiction and of court-fees, so far as the case
admits. It is meant for pecuniary jurisdiction.
(i) Signing and Verification – in the end the plaint should bear the signature and verification of the parties
concerned or else the plaint shall be improper. O6R14 – Every pleadings shall be signed by the party and his
pleader if any. O6R15 – Every pleading shall be verified at the foot by the party or by one of the parties
pleading. The verification shall be signed by the person making it and shall state the date on which and the
place at which it was signed. The verification shows that the plaint knows the contents and is responsible for
the statement made in the plaint. Since false verification is an offence and punishable under section 193 of
IPC. Requirement of O6 R14 and 15 are procedural only and can be rectified by the parties at a later stage
[Rani Piari vs Collector,]
(j) Amendment of Plaint – O6R17. Amendment of pleadings.—The Court may at any stage of the
proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be
just, and all such amendments shall be made as may be necessary for the purpose of determining the real
questions in controversy between the parties.
Failure to amend after Order.—If a party who has obtained an order for leave to amend does not amend
accordingly within the time limited for that purpose by the order, or if no time is thereby limited then within
fourteen days from the date of the order, he shall not be permitted to amend after the expiration of such
limited time as aforesaid or of such fourteen days, as the case may be, unless the time is extended by the
Court.
(k) Necessary and Proper Party – No suit can come into being without the concerned
parties. A suit can be instituted by or against a party.
[Hari Ram vs Central Government] – A necessary party has been defined as “ whose
presence on the record is necessitated by law, or in whose absence no effective decision
can at all be given. Without such party the action, appeal or proceedings is not properly
constituted and is liable to be dismissed on this ground alone. The presence of
necessary party is unavoidable. A Proper Party is one whose presence is not essential
for the institution of the suit, appeal or proceedings but it is desirable to be impleaded
so as to completely and finally adjudicate the matter of dispute involved. A necessary
party is a proper party but a proper party is not always a necessary party. [Sital Prasad
vs Asha Singh, AIR 1922]
- Misjoinder and nonjoinder.—No suit shall be defeated by reason of the misjoinder
or nonjoinder of parties, and the Court may in every suit deal with the matter in
controversy so far as regards the rights and interests of the parties actually before it.