Plaint in CPC | Civil Law for Judiciary Exams PDF Download

What is a Plaint in CPC?

• A plaint in CPC is a crucial legal document submitted by a plaintiff to begin a civil lawsuit in court.
• It outlines the plaintiff's claims, reasons for filing the case, and the relief sought.
• Details in a plaint include parties involved, cause of action, and jurisdictional information.
• The rules for a plaint in CPC are found in Order VII of the Civil Procedure Code.

Components of a Plaint

Cause of Action:

• Legal theory: Facts demonstrating why the plaintiff believes they have been harmed.
• Legal remedy: Desired actions the plaintiff wants the court to take.

A plaint is crucial as it initiates legal proceedings and determines the appropriate court for the case.

Understanding the Provisions of Plaint in CPC

• Essence of Order VII in CPC: Order VII of the Code of Civil Procedure focuses on the legal document known as the "plaint." It delineates various regulations concerning the content and submission of a plaint.
• Rules 1 to 8: These rules outline the specific details that must be incorporated within a plaint to ensure its completeness and effectiveness in court proceedings.
• Rule 9: This rule specifies the procedure through which the court is to accept or admit the plaint presented before it.
• Rules 10 to 10-B: These rules address the scenarios where a plaint in CPC may require amendments or adjustments, along with the protocols for parties involved.
• Main Rules 11 to 13: These rules elucidate the circumstances under which the court has the authority to dismiss or reject a plaint submitted for legal action.

Significance of Section 26 in the Code of Civil Procedure

• Foundation of Lawsuits: Section 26 of the Code of Civil Procedure establishes the fundamental requirement that every legal action must commence with the presentation of a plaint in CPC or as mandated by law.
• Importance of Plaint: A plaint serves as the foundational document initiating a case within civil or commercial courts, setting the legal process in motion for the resolution of disputes.

Contents of A Plaint

• The civil or commercial court where a plaint is filed: Every plaint in the Civil Procedure Code (CPC) must specify the name of the court where the lawsuit will be initiated. This ensures clarity on the jurisdiction where the legal proceedings will take place.
• Information about the plaintiff: Details regarding the plaintiff, including their name, address, and description, are essential components of a plaint. This information helps in identifying the individual initiating the legal action.
• Details about the defendant: The plaint should also include comprehensive information about the defendant, such as their name, residence, and description. This aids in clearly identifying the party against whom the allegations are being made.
• Health issues or disabilities of the plaintiff: If the plaintiff has any health conditions or disabilities that could be relevant to the case, these should be disclosed in the plaint. This ensures transparency and may impact the legal proceedings.
• Facts establishing the cause of action: The plaint must outline the factual background that led to the cause of action and specify where these events transpired. This information forms the basis for the legal claim being made.
• Jurisdictional facts: Including relevant facts that determine the court's jurisdiction is crucial in a plaint. This information helps in ensuring that the case is filed in the appropriate legal jurisdiction.
• Relief sought by the plaintiff: Details about the specific relief or remedy that the plaintiff is seeking from the court should be clearly mentioned. This clarifies the desired outcome of the legal proceedings.
• Set-off claims: If the plaintiff intends to set off a portion of their claim against the defendant, the plaint must specify the amount allowed for set-off. This ensures transparency in the financial aspects of the case.
• Subject matter value: The plaint should include the monetary value of the subject matter of the suit, not only for jurisdictional purposes but also for determining court fees. This information is crucial for the legal process to proceed smoothly.
• Plaintiff's verification under oath: Lastly, the plaintiff must verify the contents of the plaint under oath. This step adds a layer of authenticity and credibility to the claims being made in the legal document.

The details outlined above are integral to a plaint in the Civil Procedure Code (CPC) as they form the foundation for initiating legal action in civil or commercial courts. Additionally, Rule 2 of Order VII mandates the plaintiff to state the exact monetary amount being sought from the defendant, while Rule 3 requires a proper description of immovable property if it is involved in the case.

Return of Plaint in Code of Civil Procedure (CPC)

• When a court lacks the authority to make a final decision in a lawsuit due to jurisdictional issues, it can send the plaint back to a court that does have the necessary jurisdiction.
• Upon returning the plaint, the court must adhere to the guidelines outlined in Section 57 of the Code of Civil Procedure (Amendment) Act, 1882. This might involve issuing orders related to costs that are considered fair and just.
• Under the Indian Limitation Act, 1877, if a court returns a plaint, it is viewed as being unable to proceed with the case because of jurisdictional limitations.
• If the plaint is subsequently presented to a High Court after being returned, the plaintiff is reimbursed for the court fees paid in the Small Cause Court for that particular case. This reimbursement is in line with the High Court's standard practice regarding fees credited to the government.

Rejection of Plaint in Civil Procedure Code (CPC)

• Non-Disclosure of Cause of Action: If the reason for legal action is not clearly stated in the plaint, it becomes difficult to prove the harm suffered by the plaintiff. In such cases, the court may reject the plaint. For instance, in the case of SNP Shipping Service Pvt. Ltd. v. World Tanker Carrier Corporation, the court dismissed the suit under Order 7, Rule 1(a) of the CPC, 1908, due to a lack of clarity in the cause of action.
• Undervaluation of Relief: When the relief sought by the plaintiff is undervalued, and despite the court's request to correct the valuation within a specified timeframe, the plaintiff fails to do so, the plaint in CPC may face rejection.
• Improperly Stamped Documents: If all necessary documents are not appropriately stamped, and the plaintiff is given a chance to provide the required stamp paper within a set period but fails to do so, the court may reject the plaint.
• Lack of Legal Basis: When a plaintiff's claim is not supported by a relevant law or statute that grants the right to file the suit, the court has the authority to reject the plaint.
• Failure to Submit Duplicate Copy: If the rules mandate the submission of a duplicate copy of the plaint, and the plaintiff neglects to do so, the court may dismiss the plaint.
• Non-Compliance with Rule 9 of Order VII: Failure to adhere to the provisions of Rule 9 of Order VII of the CPC may lead to the rejection of the plaint by the court.

Format of the Plaint in CPC

Heading and Title

• The plaint in CPC starts with the name of the court where the case is filed. For instance, "In the Court of the District Judge, Sirsa."
• It must provide details about the parties involved, such as their names, residences, and other identifying information.
• The title of the suit should explain the reasons for bringing the matter to court and indicate jurisdiction.

Body of the Plaint

• Formal Part:
  • Include the date of the cause of action to determine if the lawsuit is within the legal time limits.
  • Specify the court's jurisdiction and the value of the subject matter.
  • Mention if any party is a minor or if the plaintiff is representing others.
  • Explain reasons for claiming exemptions under the law.
• Substantial Portion:
  • Detail the grounds for the lawsuit and demonstrate the defendant's interest in the case.
  • If multiple defendants or plaintiffs are involved, specify their individual roles clearly.

Relief Claimed

• The relief claimed specifies what the plaintiff seeks from the court, such as compensation or injunction.
• It's crucial to state the relief clearly in the plaint because claims cannot be altered later through oral pleadings.

Signature and Verification

• End the plaint with the plaintiff's signature or an authorized representative's signature in case of absence.
• The plaintiff must verify the document, indicating personal knowledge of facts.
• The verification adds credibility to the claims and must be done before a competent court or Oath Commissioner.

This summary simplifies the format of a plaint in the Civil Procedure Code (CPC), breaking down its essential components into heading and title, body of the plaint, relief claimed, and signature/verification.

Conclusion

• In conclusion, a plaint under the CPC serves as a formal and essential legal instrument to commence a civil lawsuit, offering a well-organized presentation of the case details. It encompasses information about the involved parties, the events leading to the legal action, the desired remedy, and jurisdictional specifics.
• The plaint holds a crucial function in delineating the lawsuit's objectives and guiding the court with pertinent information. It is imperative to adhere to the stipulated rules and guidelines in the CPC during plaint drafting to uphold legal precision and equity in civil litigation.