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DRAFTING OF PLAINT

WHAT IS A PLAINT?

A „plaint’ note is a legal document, chiefly referred to as such under English law and that of other
Commonwealth nations. It is sent by a court to a defendant to confirm legal action taken against them,
and to inform them of their case number.

PARTICULARS OF PLAINT

As per Order VI (Pleading) and Order VII (Plaint) CPC, Every plaint must contain the following things:

1. Name of the court

2. Name and details of the Parties

3. If the plaintiff or the defendant is a minor/insane, a declaration to that effect

4. Facts of the case

5. facts constituting cause of action and when it arose

6. a statement about the value of the subject matter for the purpose of jurisdiction and
court fees.

7. facts showing that the court has jurisdiction (territorial as well as pecuniary)

8. Relief prayed

9. Description of the set-off (if claimed)

10. Verification

11. Notary

HEADING: NAME OF COURT AND DETAILS OF PARTIES

NAME OF COURT

The plaint should begin with the name of the court in which the suit is brought, Rule 1 (a), Order VII

For example,

“In the court of district judge at Meerut”.

After the name of the court, in the next line the number of the suit and the year to be written in the
following manner,

“Suit No…………of 2013”, or

“Original Suit No…………..of 2013”.

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Note:-Place for number should be left blank, which will be filled by the court officials.

DETAILS OF PARTIES

After the Court Name, Details of Parties should be written as per Rule 1 (b), Order VII. It contains the
name , description and place of residence of the plaintiff.

For Example:

A. B. s/o C. D.
123, A B Street, Meerut, UP ......................................... Plaintiff

Vs.

M. N. s/o O. P.
456, A B Street, Meerut, UP ......................................... Respondent

DECLARATION TO THAT EFFECT

For Example:

Suit for Specific Performance of Contract

BODY OF PLAINT

This is the most important part of the plaint. It will include:

 Facts of the case

 Facts constituting cause of action and when it arose with proper date and place.
 Statement about the value of the subject matter for the purpose of jurisdiction and court fees.
 Facts showing that the court has jurisdiction (territorial as well as pecuniary)

JURISDICTION

Section 15-20 of the Civil Procedure Code lay down the rules for the purpose of jurisdiction.

15. Court in which suits to be instituted.

Every suit shall be instituted in the Court of the lowest grade competent to try it.

16. Suits to be instituted where subject-matter situate.

Subject to the pecuniary or other limitations prescribed by any law, suits-

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(a) for the recovery of immovable property with or without rent or profits,

(b) for the partition of immovable property,

(c) for foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable
property,

(d) for the determination of any other right to or interest in immovable property,

(e) for compensation for wrong to immovable property,

(f) for the recovery of movable property actually under distraint or attachment, shall be instituted in
the Court within the local limits of whose jurisdiction the property is situate :

Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable property
held by or on behalf of the defendant, may where the relief sought can be entirely obtained through
his personal obedience be instituted either in the Court within the local limits of whose jurisdiction
the property is situate, or in the Court within the local limits of whose jurisdiction the defendant
actually and voluntarily resides, or carries on business, or personally works for gain.

Explanation.- In this section “property” means property situate in India.

17. Suits for immovable property situate within jurisdiction of different Courts.

Where a suit is to obtain relief respecting, or compensation for wrong to, immovable property situate
within the jurisdiction of different Court, the suit may be instituted in any Court within the local limits
of whose jurisdiction any portion of the property is situate :

Provided that, in respect of the value of the subject matter of the suit, the entire claim is cognizable by
such Court.

18. Place of institution of suit where local limits of jurisdiction of Courts are uncertain.

(1) Where it is alleged to be uncertain within the local limits of the jurisdiction of which of two or more
Courts any immovable property is situate, any one of those Courts may, if satisfied that there is
ground for the alleged uncertainty, record a statement to that effect and thereupon proceed to
entertain and dispose of any suit relating to that property, and its decree in the suit shall have the
same effect as if the property were situate within the local limits of its jurisdiction :

Provided that the suit is one with respect to which the Court is competent as regards the nature and
value of the suit to exercise jurisdiction.

(2) Where a statement has not been recorded under sub-section (1), and objection is taken before an
Appellate or Revisional Court that a decree or order in a suit relating to such property was made by a
Court not having jurisdiction where the property is situate, the Appellate or Revisional Court shall not
allow the objection unless in its opinion there was, at the time of the institution of the suit, no
reasonable ground for uncertainty as to the Court having jurisdiction with respect thereto and there
has been a consequent failure of justice.

19. Suits for compensation for wrongs to person or movables.

Where a suit is for compensation for wrong done to the person or to movable property, if the wrong
was done within the local limits of the jurisdiction of one Court and the defendant resides, or carries

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on business, or personally works for gain, within the local limits of the jurisdiction of another Court,
the suit may be instituted at the option of the plaintiff in either of the said Courts.

Illustrations

(a) A, residing in Delhi, beats B in Calcutta. B may sue A either in Calcutta or in Delhi.

(b) A, residing in Delhi, publishes in Calcutta statements defamatory of B. B may sue A either in
Calcutta or in Delhi.

20. Other suits to be instituted where defendants reside or cause of action arises.

Subject to the limitations aforesaid, every suit shall be instituted in Court within the local limits of
whose jurisdiction-

(a) the defendant, or each of the defendants where there are more than one, at the time of the
commencement of the suit, actually and voluntarily resides, or carries on business, or personally
works for gain; or

(b) any of the defendants, where there are more than one, at the time of the commencement of the suit
actually and voluntarily resides, or carries on business, or personally works for gain, provided that in
such case either the leave of the Court is given, or the defendants who do not reside, or carry on
business, or personally work for gain, as aforesaid, acquiesce in such institution; or

(c) the cause of action, wholly or in part, arises.

ILLUSTRATION: BODY OF PLAINT

So, From the above information we may proceed to draft Plaint Body as follows:

Material Facts:

1. That the plaintiff agreed with respondent to purchase XYZ land on 10 th June, 2014. The said
contract is attached with this plaint.
2. The Details of Land are as follows:
Plot no:11, XYZ Colony, Meerut City
Area: 350 sq.mt
Value: 75lacs
3. That the Plaintiff made partial payment of Rs.25lacs and promised to pay rest amount on 10th
July, 2014 and respondent promised to do registry upon payment of remaining amount.
Cause of Action:
4. That the Respondent on 10th July, 2014 refused to take the remaining amount and deny to
transfer the land.
5. The Plaintiff also sent notice to the respondent on 10 th July, 2014 but respondent is not willing
to transfer the amount.

VALUATION OF SUIT

The Suits Valuation Act,1887 deals with the mode of valuing certain suits for the purpose of
determining the jurisdiction of the Court.

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It is the duty of the plaintiff to write clearly and separately in his plaint the valuation of his claim for
the purpose of court fees and of jurisdiction.

COURT FEE

Court fees are payable according to the provision of The Court Fees Act, 1870

RELIEF

Pray for Refief from the Hon‟ble Court in this part of Plaint.

For Example:

The plaintiff, there fore prays that

1. The court be pleased to order the respondent to perform his part of the contract by accepting
the remaining payment and conveying the said plot to the plaintiff.

2. The plaintiff be permitted to deposit the balance of consideration in this Hon'ble Court.

3. The respondent be ordered to pay compensation for mental harrasment, loss of wages, and
cost of this litigation.

Place: …………………. (Signature of the plaintiff)

Date: …………………..

XYZ
Advocate

VERIFICATION

I, ______, do hereby solomnly verify that the contents from paras 1 to 4 are correct and true to the
best of my knowledge and contents from para 5 to 12 are based on legal advice, which I believe to be
correct. Affirmed at Indore this 4th Day of September 2009.

(Signature)
Plaintiff

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