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Plaint

Nitya Nand Pandey


Assistant Professor
ALS, AMITY UIVERSITY RAJASTHAN
Plaint
• A plaint is a legal document which contains
the written statement of the plaintiff’s claim.
• A plaint is the first step towards the initiation
of a suit.
• Order VII of the CPC particularly deals with a
plaint.
PARTICULARS OF A PLAINT
1. The name of the particular court where the suit
is initiated.
2. Free space for case no. and year, i.e. case
no………./………..
3. Name, place, and description of the plaintiff’s
residence
4. Name, place, and description of the defendant’s
residence.
5. A statement of unsoundness of mind or minority
in case the plaintiff or the defendant belongs to
either of the categories.
6. Fact of the case.
7. A statement regarding the date of cause of
action and it is also mentioned that the case is
not time barred.
8. The facts that point out to the jurisdiction of the
court.
9. A statement containing the value of the subject
matter of the suit as admitted by the case and
the court fee.
10.Prayer
11.Signature of Advocate and Plaintiff.
12.Signature and Verification.
13.List of Documents
Problem
• Pritam Das, S/o. Subhash Chandra, residing at 123, JNU Road,
Jaipur, borrowed Rs. 25,000 agreeing to pay 24% on 20th March,
2018 from Dinesh Lal, S/o. Suresh Lal at 456, JNU Road, Jaipur
and executed a promissionary note.
• The promissionary note was scribed by Sarvesh Kumar, a
document writer in Jaipur and attested by a Ms. Sital and Ms.
Minal.
• Dinesh Lal made demands for the Repayment of the loan and also
send a lawyers notice dated 22.03.2018 to Pritam Das.
• Pritam Das who received the notice on 27.03.2018, neither paid
the amount nor did he respond to the notice on 20th February,
2011.
• Dinesh Lal filed a suit for the recovery of the debt. Draft the
plaint.
PLAINT ORDER-6, RULE-17, SECTION-26
In the court of the Junior Civil Judge of Tirupati. O.S. No
…………………/2011

• Dinesh Lal……….…….. Plaintiff


Vs.
• Pritam Das ………..……. Defendant

• Plaint filed on behalf of the plaintiff under


order VII Rule-10 and long cause title.
1. Dinesh Lal, S/o. Suresh Lal, aged 45, residing
at 456, JNU Road, Jaipur, within jurisdiction
of this honourable court.
2. Pritam Das, S/o. Subhash Chandra, aged 46,
residing at 123, JNU Road, Jaipur, within
jurisdiction of honourable court.
• 3. Defendant borrowed a sum of Rs. 25,000
and agree to return back on 20th March, 2018
and against the consideration there of
executed a promissory note in favour of the
plaintiff, agreeing to pay interest at 24% per
annum.
• 4. After expiring the due date and when the
amount has not been paid by defendant, the
plaintiff made several demands on the
defendant for the repayment of the debt and
also send a registered lawyer‟s notice dated
27.03.2018 to defendant but he did not
respond.
• 5. The cause of action arisen when the legal
notice has been served and the due date
expired and it is not time barred.
• 6. The cause of action at Jaipur, within the
jurisdiction of this honourable court.
• 7. The plaintiff values this suit for the purpose
of court fee and jurisdiction of 39,000/- and
pays a court fee of 1666/- under section 20 of
Court fee and suits valuation Act.
• 8. Particulars of Valuation
i) Principal borrowed 25,000
ii)Interest 24% p.a
from 26.02.2008 to 20.02.2011 14,000
----------------
39,000
iii) Court fee paid there on relief 1,666
Prayer
• (9) It is therefore, prayed that the honourable court
may please pass a judgment and decree against the
defendant and in favour of the plaintiff,
• (10) Directing the defendant to pay the plaintiff the
sum of Rs.39,000 on with further interest at the
contact rate till the date of realization,
• (11) Awarding the plaintiff the cost of this suit, and
• (12) Passing such further or other order as the
honourable court may deem Fit and proper in the
circumstance of the case against the defendant and in
favour of plaintiff.

• Signature Signature
Advocate for the plaintiff Plaintiff
Verification
• I the plaintiff, do hereby declared that the
facts stated above true and correct to the best
of my knowledge, information and belief.

Signature of plaintiff
• List of document filed
1. Original promissory note executed by the
defendant.