Plaint in CPC

In plaint in CPC is a formal written document submitted by a plaintiff to initiate a civil lawsuit in a court of law. It serves as the initial step in commencing a legal action. The plaint contains essential details, including the parties involved, facts giving rise to the cause of action, the relief sought and jurisdictional information.

It helps define the scope and purpose of the lawsuit and provides the court with the necessary information to proceed with the case. The contents of the plaint in CPC are governed by specific rules and guidelines outlined in the CPC to ensure legal clarity and fairness in civil litigation.

What is Plaint in CPC?

A plaint is a legal document that contains the claims made by the plaintiff when they bring a case to a civil court. It’s the first step in starting a lawsuit.

So, what does a plaint in CPC include?

Well, it has all the important details and things needed for the case, like what the plaintiff is complaining about and why. Even though it’s not defined in the CPC (Civil Procedure Code), you can find the rules for it in Order VII of the CPC.

When we talk about the cause of action in a plaint, it has two parts.

First, there’s the legal theory, which is like the facts that show why the plaintiff thinks they’ve been harmed. Second, there’s the legal remedy, which is what the plaintiff wants the court to do about it.

A plaint is a big deal because it’s the very first step in starting a lawsuit and it helps figure out which civil court should hear the case.

Provisions of Plaint in CPC

Order VII of the Code of Civil Procedure is all about the “plaint.” In this order, you’ll find different rules that cover various aspects of what should be in a plaint. Here’s a breakdown:

• Rules 1 to 8: These rules explain what specific details should be included in the plaint.
• Rule 9: This rule tells us how the court should admit the plaint.
• Rules 10 to 10-B: These rules discuss what happens if the plaint in CPC needs to be returned and how parties should appear.
• Main Rules 11 to 13: These rules lay out the situations in which the court can reject the plaint.

Section 26 of the Code of Civil Procedure is important because it says that every lawsuit has to start with the presentation of a plaint in CPC or in a way that the law says. So, it’s clear that a plaint is essential when you want to begin a case in a civil or commercial court.

Contents of A Plaint

A plaint in CPC is a crucial legal document that must contain specific information; otherwise, it won’t be considered valid. These necessary details are outlined in Rules 1 to 8 of Order VII of the CPC. Here’s a breakdown of what should be the content of a plaint in CPC:

• The name of the civil or commercial court where the lawsuit will be filed.
• Information about the plaintiff, including their name, address and description.
• Details about the defendant, including their name, residence and description.
• If the plaintiff has any health issues or disabilities, these should be mentioned.
• The facts that give rise to the cause of action and where this cause of action occurred.
• Facts that help determine the court’s jurisdiction.
• Information about the relief or remedy the plaintiff is seeking from the court.
• If the plaintiff wants to set off a portion of their claim, the amount allowed should be stated.
• The value of the subject matter of the suit, not just for jurisdiction but also for court fees.
• Verification by the plaintiff under oath.

These details make a plaint in CPC essential for starting a lawsuit in civil or commercial courts and it remains significant throughout the legal process. Additionally, Rule 2 of Order VII specifies that the plaintiff must state the exact amount of money they seek from the defendant and Rule 3 requires a proper description of immovable property when it’s involved in the case.

Return of Plaint in CPC

Section 19A of the Code of Civil Procedure (CPC) deals with the “Return of Plaint.”

“19A. Return of plaint.—Whenever the Court finds that for want of jurisdiction it cannot finally determine the question at issue in the suit, it may at any stage of the proceedings return the plaint to be presented to a Court having jurisdiction to determine the question. When the Court so returns a plaint, it shall comply with the provisions of the second paragraph of section 57 of the Code of Civil Procedure (14 of 1882) and make such order with respect to costs as it may think just and the Court shall for the purposes of the Indian Limitation Act, 1877 (15 of 1877) be deemed to have been unable to entertain the suit by reason of defect of jurisdiction. When a plaint so returned is afterwards presented to a High Court, credit shall be given to the plaintiff for the amount of the court-fee paid in the Small Cause Court in respect of the plaint in the levy of any fees which according to the practice of the High Court are credited to the Government.”

According to this section:

1. If a court determines that it lacks jurisdiction to finally decide the matter in a lawsuit at any stage of the proceedings, it has the authority to return the plaint to be presented before a court that has the jurisdiction to address the issue.
2. When a court returns a plaint in such a situation, it must follow the provisions of the second paragraph of Section 57 of the Code of Civil Procedure (Amendment) Act, 1882. This may include making orders related to costs, as deemed just.
3. For the purposes of the Indian Limitation Act, 1877, the court returning the plaint is considered to have been unable to entertain the suit due to a jurisdictional defect.
4. If a returned plaint is later presented to a High Court, the plaintiff is credited for the amount of court fees paid in the Small Cause Court concerning the plaint, as is the practice of the High Court, in the levy of any fees, which are typically credited to the government.

Rejection of Plaint

A plaint in CPC can be rejected in certain situations when specific requirements are not met. Here are some instances in which a plaint may be rejected:

• Non-Disclosure of Cause of Action: If the cause of action is not clearly mentioned in the plaint, making it impossible to prove the harm suffered by the plaintiff, the court may reject the plaint. It’s essential to present the facts clearly to seek relief. For example, in the case of SNP Shipping Service Pvt. Ltd. v. World Tanker Carrier Corporation, the plaint in CPC was rejected and the suit dismissed under Order 7, Rule 1(a) of the CPC, 1908.
• Undervaluation of Relief: If the relief sought by the plaintiff is undervalued and the court asks the plaintiff to correct the valuation within a given time frame, but the plaintiff fails to do so, the plaint in CPC may be rejected.
• Improperly Stamped Documents: When all the documents are not properly stamped and the court requires the plaintiff to provide the required stamp paper within a specified time, failure to do so may lead to the rejection of the plaint.
• Lack of Legal Basis: If the plaint is based on a statement or claim secured by a law or statute that does not grant the plaintiff the right to file the suit, the court may reject it.
• Failure to Submit Duplicate Copy: If the rules stipulate the submission of a duplicate copy of the plaint and the plaintiff fails to do so, the court may dismiss the plaint.
• Non-Compliance with Rule 9 of Order VII: If the plaintiff does not comply with the provisions of Rule 9 of Order VII of the CPC, the court may reject the plaint.

From of the Plaint in CPC

A plaint in CPC should follow a specific format, consisting of three essential parts: the heading and title, the body of the plaint and the relief claimed. Let’s explore these parts in more detail:

Heading and Title

Name of the Court: The plaint in CPC should begin with the name of the court where the case is being filed. It is not necessary to mention the name of the presiding officer; specifying the court’s name is sufficient. For example, “In the Court of the District Judge, Sirsa.”

Parties to the Suit: In every lawsuit, there are typically two parties: the plaintiff and the defendant. However, there can be more than one plaintiff or defendant. The plaint in CPC must provide all the necessary particulars about these parties, including their names, residences, father’s names, ages and any other details required for identification.

If there are multiple parties, their names should be mentioned according to their respective roles in the case. If one of the parties is a minor or of unsound mind, this information should also be included in the cause title.

Title of the Suit: The title of the suit should explain the reasons for bringing the matter to court and indicate the court’s jurisdiction.

Body of the Plaint

The body of the plaint in CPC is where the plaintiff elaborates on their concerns. It should be organised into short paragraphs, each presenting a single fact or point. The body of the plaint can be further divided into two main parts:

1. Formal Part:

• Date of Cause of Action: The plaint in CPC must include the date when the cause of action occurred. This date is crucial because it helps determine whether the lawsuit is filed within the legally specified time limits, known as the period of limitation.
• Jurisdiction of the Court: The plaint should clearly state the facts that establish the court’s pecuniary (financial) and territorial (geographical) jurisdiction over the subject matter of the lawsuit.
• Value of the Subject Matter: The value of the subject matter of the lawsuit should be properly stated. This is essential both for determining the court’s pecuniary jurisdiction and for calculating court fees.
• Statement Regarding Minority: If any party involved in the case is a minor, this should be mentioned in the plaint.
• Representative Character of the Plaintiff: If the plaintiff is representing others, such as in a class-action lawsuit or as a legal representative, this should be indicated in the plaint.
• Reasons for Claiming Exemptions: If the plaintiff is initiating the suit after the period of limitation has expired and is seeking an exemption under the law, the reasons for this should be explained in the plaint.

2. Substantial Portion:

• In this section, the plaint in CPC must include all the essential facts that form the basis of the lawsuit. This means detailing the grounds on which the plaintiff is pursuing the cause of action, including any additional legal grounds.
• It should be demonstrated in the plaint that the defendant has a clear interest in the subject matter of the case, justifying their involvement and the court’s jurisdiction.
• If there are multiple defendants and their liability is not joint, the individual liability of each defendant should be separately specified in the plaint.
• Similarly, if there are multiple plaintiffs and their causes of action are not joint, this should also be clearly indicated in the plaint.

Relief

The relief claimed is a crucial part of the plaint. It is where the plaintiff specifies precisely what they are seeking from the court. This can be a request for compensation (damages), a demand for specific performance of a contract, an injunction to prevent certain actions, or any other form of relief. It’s vital to state the relief clearly and accurately in the plaint because the claims made in the plaint in CPC cannot be supplemented or altered through oral pleadings later on.

Signature and Verification

At the end of the plaint, the plaintiff’s signature should be placed. If the plaintiff cannot be present due to a legitimate reason, an authorised representative’s signature can suffice.

The plaint in CPC must also be duly verified by the plaintiff. If the plaintiff is unable to do so personally, their representative may verify it on their behalf, after informing the court.

The verification process involves specifying which paragraphs in the pleadings the plaintiff has personally verified based on their knowledge of the facts and which paragraphs have been verified based on information received and subsequently believed to be true.

The plaintiff or verifier’s signature, along with the date and place, at the end of the plaint, is essential.

It’s worth noting that the verification process must take place before a competent court or in front of an Oath Commissioner to ensure the authenticity of the statements made in the plaint in CPC. This adds credibility to the claims presented in the legal document.

Conclusion

In conclusion, a plaint in CPC is a formal and crucial legal document that initiates a civil lawsuit. It provides a clear and structured account of the case, including the parties involved, the facts leading to the cause of action, the relief sought and jurisdictional details.

The plaint plays a fundamental role in defining the scope and purpose of the lawsuit and it ensures that the court has the necessary information to proceed with the case. Adherence to the specific rules and guidelines outlined in the CPC is essential when drafting a plaint to maintain legal clarity and fairness in civil litigation.