Introduction

It is a settled law that if a person want justice must comes with clean hands. A
person whose case is based on falsehood has no right to approach the Court. This
basic principle of law must be in mind while drafting or preparing a plaint."It is well
settled position of law that the whole object of pleading is to give fair notice to each
party of what the opponent's case is, and to ascertain, with precision, the points on
which the parties agree and those on which they differ, and thus to bring the parties
to a definite issue. The purpose of pleading is also to eradicate irrelevancy. In order
to have a fair trial it is imperative that the party should state the essential facts so
that other party may not be taken by surprise. The parties thus themselves know
what are matters left in dispute and what facts they have to prove at the proceeding
and are thus given an opportunity to bring forward such evidence as may be
appropriate. The main object of pleadings is to find out and narrow down the
controversy between the parties. Contention which are not based on the pleadings
cannot be permitted to be raised either at the time of arguments or at the appellate
stage.1

Meaning
The expression plaint has not been defined in the Code. However, it can be said to
be a statement of claim, a document, by presentation of which the suit is instituted.
Its object is to state the grounds upon which the assistance of the court is sought by
the plaintiff. It is the pleading of the plaintiff.

Particulars of the Plaint

The plaint shall contain the following particulars:
(1) The name of the court in which the suit is brought;
(2) The name, description and place of residence of the plaintiff;

1https://sites.google.com/site/sarinadvocate/drafting-and-pleading/how-to-draft-a-
plaint accessed on 5th October, 2015 at 5:08 pm

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(3) The name, description and place of residence of the defendant, so far as they can
be ascertained;
(4) Where the plaintiff or the defendant is a minor or a person of unsound mind, a
statement to that effect;
(5) The fact constituting the cause of action and when it arose;
(6) The facts showing that the court has jurisdiction;
(7) The relief which the plaintiff claims;
(8) Where the plaintiff has allowed a set-off or relinquished a portion of his claim, the
amount so allowed or relinquished; and
(9) 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 admits2

Additional Particulars in certain plaints

1. Where the plaintiff seeks the recovery of money the plaint shall state the precise
amount claimed; but where the plaintiff sues for Mesne profits, or for an amount
which will be found due to him on taking unsettled accounts between him and the
defendant, or for movables in the possession of the defendant, or for debts of which
the value he cannot, after the exercise of reasonable diligence, estimate, the plaint
shall state approximately the amount sued for.3
2. Where the subject-matter of the suit is immovable property, the plaint shall
contain a description of the property sufficient to identify it, specifying the
boundaries or numbers in a record of settlement or survey.4
3. Where the plaintiff sues in a representative character the plaint shall show not
only that he has an actual existing interest in the subject-matter, but that he has
taken the steps necessary to enable him to institute a suit concerning it.5
4. The plaint shall show that the defendant is or claims to be interested in the
subject-matter, and that he is liable to be called upon to answer the plaintiffs
demand.6

2 Order VII Rule 1, Code of Civil Procedure Bare Act

3 Order VII Rule 2, Code of Civil Procedure Bare Act
4 Order VII Rule 3, Code of Civil Procedure Bare Act
5 Order VII Rule 4, Code of Civil Procedure Bare Act
6 Order VII Rule 5, Code of Civil Procedure Bare Act
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5. Where the suit is instituted after the expiration of the period of limitation, the
plaintiff shall show the ground upon which exemption from such law is claimed. 7

Particulars related to Relief

i) 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.8 (Order VII, Rule 7).
In a suit for injunction restraining the defendants from flowing water through a
certain plot and the courts below directing restoration of position to pre-existing
state of affairs, the mere mistake to specify the number of the plot is not by itself
sufficient to disentitle the plaintiffs to relief which they were otherwise entitled to.
Ordinarily, a suit is tried in all its stages on cause of action as it existed on the date of
the institution, but the court can look to subsequent events when the relief claimed
originally has
(1) by reason of subsequent change of circumstances become inappropriate, or
(2) where it is necessary to take notice of the changed circumstances to shorten
litigation, or
(3) to do complete justice between the parties.

ii) Where the plaintiff seeks relief in respect of several distinct claims or causes of
action founded upon separate and distinct grounds, they shall be stated as far as
maybe separately and distinctly.9

Procedure on admitting plaint

7 Order VII Rule 6, Code of Civil Procedure Bare Act

8 Order VII Rule 7, Code of Civil Procedure Bare Act
9 Order VII Rule 8, Code of Civil Procedure Bare Act
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Where the Court orders that the summons be served on the defendants in the
manner provided in rule 9 of Order V, it will direct the plaintiff to present as many
copies of the plaint on plain paper as there are defendants within seven days from
the date of such order along with requisite fee for service of summons on the
defendants], (Order VII, Rule 9)

Return of plaint
Rule 10 of Order VII provides for the return of plaint in all cases where a court is
unable to entertain it for want of jurisdiction territorial, pecuniary or other causes.
If the court is satisfied that it has no jurisdiction to entertain a suit, it is its duty to
give effect to that on its own initiative.
To quote rule 10 of Order VIISubject to the provisions of Rule 10-A, the plaint shall
at any stage of the suit be returned to be presented to the court in which the suit
should have been instituted On returning a plaint the judge shall endorse thereon
the date of its presentation and return, the name of the party presenting it, and a
brief statement of the reasons for returning it.

Powers of Appellate or Revisional Court to Return

Plaint
The power of directing the plaint to be returned for presentation before appropriate
court can be exercised by the court of appeal or revision also if it finds that the trial
court lacked jurisdiction to entertain the suit.
Explanation to sub-rule (1) of rule 10 clearly provides that a court of appeal or
revision may direct, after setting aside the decree passed in a suit, the return of the
plaint under the said sub-rule. Obviously, once it is found by the appellate court that
the trial court lacked jurisdiction to entertain the suit any further adjudication upon
merit of other issues by it would be without jurisdiction and nullity.

Propriety of dismissal of suit

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The Division Bench was totally wrong in passing an order of dismissal of the suit itself
when it had arrived at the conclusion that the Bombay Court had no jurisdiction to
try the suit. The only course to be adopted in such circumstances was to return the
plaint for presentation to the proper court and not to dismiss the suit.
Under rule 10-A, inserted by the Amendment Act, 1976, the court has power to fix a
date for the appearance of the parties in the court where the plaint is to be filed
after its return.
If the court has no jurisdiction, the proper order is to return the plaint and not
dismiss it. The plaint may be returned even at the stage of argument. An appellate
court can also return the plaint. Where a plaint is returned by the trial court for
presentation to the proper court to which the plaint is presented thereafter, it is
bound to give credit for the fee levied by the court that returned the plaint.
An order returning a plaint to be presented to the proper court, except where the
procedure specified in rule 10-A of Order VII has been followed, is appealable under
Order XLIII, Rule 1, but a second appeal does not lie.

Rejection of plaint(Order VII Rule 11)

The plaint shall be rejected in the following cases:

(a) Absence of cause of action.

If the plaint filed by the plaintiff does not disclose any cause of action, the court will
reject it. But in order to reject the plaint on this ground, the court must look at the
plaint and nothing else.Absence of proof for alleged illegalities or irregularities in
counting of votes in election petition- No particulars was submitted, finding that all
allegations were forged and baseless. No proper averments were made in the
application. Application was not sustainable it deserves to be rejected.

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Cause of Action

Even though the expression cause of action has not been defined in the Code, it
may be described as a bundle of essential facts which it is necessary for the plaintiff
to prove before he can succeed or which gives the plaintiff a right to relief against
the defendant.

Thus, cause of action means every fact, which is necessary to establish to support a
right or obtain judgment. To put it differently, cause of action gives occasions for nd
forms the foundation of the suits.

The classic definition of the said expression id found in the case of Cooke v. Gill,
wherein Lord Brett observed:

Cause of action means every fact which it would be necessary for the plaintiff to
prove, if traversed, in order to support his right to the judgment of the court.

In Kuldeep Singh v. GanpatLal, the Supreme Court stated, The object underlying
Order 7 Rule1(e), which requires that the plaint shall obtain the particulars about the
facts constituting the cause of action and when it arose, is to enable the court to find
out whether the plaint discloses the cause of action because the pliant is liable to be
rejected under Order 7Rule11CPC if it does not disclose the cause of action. The
purpose behind the requirement that the plaint should indicate when the cause of
action arose is the help the court in ascertaining whether the suit is not barred by
limitation. Any error on the part of the plaintiff in indicating the date on which the
cause of action arose would be of little consequences if the cause of action had
arisen on the date on which the suit was filed and the suit was within limitation from
the said date. The error in mentioning the date on which the cause of action had
arisen in plaint in such a case would not disentitle the plaintiff from seeking relief
from the court in the suit.

Petition by petitioner-husband declaring the marriage void as he was under aged at

the time of marriage showing mere proof of school transfer certificate. Rejected by
trial court on the ground of showing no cause of action. No better evidence such as

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Birth certificate produced by petitioner. Held, court justified in dismissing proceeding
at the threshold itself. Hence, no interference called for.

Thus, in a suit for possession against the tenant on the ground of non-payment of
rent, the period for which the tenant has been in default must be stated. Similarly, in
a suit for damages for breach of contract, it must be stated that the contract was
entered into between the plaintiff and the defendant and that the defendant had
committed breach thereof. Likewise in a suit for specific performance of an
agreement the plaintiff must state that he was and is ready and willing to perform his
part of the agreement .

Finally, the plaint can be rejected as a whole if it does not discloses the cause of
action. A part of it cannot be rejected.

(b) Where relief claimed is undervalued.

Where the relief claimed by the plaintiff is under-valued and the valuation is not
corrected within the time fixed or extended by the court, the plaint will be rejected.
in considering the question whether the suit is properly valued or not, the court must
confine its attention to the plaint only and should not look at the other
circumstances which may subsequently influence the judgment of the court as to the
true value of the relief prayed for.

(c) Where plaint is insufficiently stamped.

Sometimes the relief claimed by the plaintiff is properly valued but the plaint is
written upon paper insufficiently stamped and the plaintiff fails to pay the requisite
court fees within the time fixed or extended by the court, in that case the plaint will
be rejected. However, if the requisite court fee is paid within the time extended by
the court, the suit or appeal must be treated as instituted from the date of
presentation of plaint or memorandum of appeal for the purpose of limitation as
well as payment of court fee.

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If the plaintiff cannot pay the court fees, he may apply to continue the suit as an
indigent person.

(d) Where the suit is barred by law.

Where the suit appears from the statement in the plaint to be barred by law, the
court will reject the plaint.

For instance, in a suit against the government, the plaint does not state that a
notice as required by section 80 of CPC has been given, the plaint will be rejected
under this clause. But where waiver of such notice is pleaded, the court cannot reject
the plaint without giving an opportunity to the plaintiff to establish his facts.
Likewise, if the plaint itself shows that the claim is barred by limitation, the plaint can
be rejected. But if the question of limitation is connected with the merits of the case,
the matter requires to be decided along with other issues.

(e) Where it is not filed in duplicate.

The plaint has to be filed in duplicate. If the said requirement is not complied with
the plaint will be rejected.

(f) Where there is non-compliance with statutory provisions.

Where the plaintiff fails to comply with the provision of Rule 9 of the Order7
(procedure on admitting plaint), the plaint will be rejected.

(g) Other grounds.

The grounds of rejection of plaint under Rule 11 of Order VII are not exhaustive. On
other relevant grounds also s plaint can be rejected. Thus, if the plaint is signed by
the person not authorized by the plaintiff and the defect is not cured within the time
granted by the court, the plaint will be rejected. Similarly, where the plaint is found
to be vexatious and meritless, not disclosing a clear right to sue, the court may reject
the plaint under this rule.

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The High Court of Calcutta has added another ground for rejection of /- the plaint,
viz., the failure to file as many copies on plain paper of the plaint as there are
defendants and draft forms of summons and fees for the service thereof.

Effect of rejection of plaint (Order VII Rule 13)

The rejection of a plaint on any of the grounds mentioned above shall not of its own
force preclude the plaintiff from presenting a fresh plaint in respect of the same
cause of action. A fresh suit can be instituted provided it is not barred.

Documents relied on in plaint Order VII Rule 14-17

Rules 14-17 deal with the production of documents by the Plaintiff. Rule 14 enjoins
the plaintiff to produce at the time of the presentation of a plaint copies of all
documents on which he sues or seeks to rely. It also provides for the consequences
of non-production of documents. It lays down that a document which ought to be
produced in the court by the plaintiff when the plaint is presented or to be entered in
the list to be added or annexed to the plaint, and is not produced or entered
accordingly, shall not, without the leave of the court, be received in evidence on his
behalf at the hearing of the suit.

The object underlying Rule 14 is to exclude the production of documents of a

doubtful nature at a later stage. The court has wide discretion to allow or disallow
production of documents at a later stage having regard to the facts and
circumstances of each case. This provision however does not apply to the following
documents:

(i) Documents reserved for the purpose of cross examination of the defendant's
witnesses; or

(ii) Documents handed over to a witness merely to refresh his memory.

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 Conclusion

Plaint is a statement of claim, a document, by presentation of which the suit is

instituted. Its object is to state the grounds upon which the assistance of the court is
sought by the plaintiff.
The plaint shall contain the following particulars:
(1) The name of the court in which the suit is brought;
(2) The name, description and place of residence of the plaintiff;
(3) The name, description and place of residence of the defendant, so far as they can
be ascertained;
(4) Where the plaintiff or the defendant is a minor or a person of unsound mind, a
statement to that effect;
(5) The fact constituting the cause of action and when it arose;
(6) The facts showing that the court has jurisdiction;
(7) The relief which the plaintiff claims;
(8) Where the plaintiff has allowed a set-off or relinquished a portion of his claim, the
amount so allowed or relinquished; and
(9) 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

For our convenience we can divide the plaint in three parts:

(1) The Heading and Title: The plaint should begin with the name of the court in
which the suit is brought. After the heading, title should be written as per Rule 1 (b),
Order VII. It contains the name , description and place of residence of the plaintiff.
(2) The Body: This is the most important part of the plaint. It can be divided into
short paragraph. All the facts related to the claim of the plaintiff must be written
here in details.
(3) The Relief: The reflief which is sought by the plaintiff.

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