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Plaint: - Particulars of The Plaint
Plaint: - Particulars of The Plaint
Plaint: - Particulars of The Plaint
Plaint is defined in order 7 of CPC. Rules 1to8. Rule 9 lays down procedure on plaint
being admitted. Whereas rules 10 to 10-B provide for the return of plaint, and
appearance of parties, rules 11 to 13 deal with rejection of plaint. Rules 14 to 17
contain provisions for the production of documents. Order 7should be read with
section 26 of the code.
Introduction:
- 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.
- In plaint, the grievances of the plaintiff are spelled out, as well as the possible
causes of action that can arise out if the suit.
PARTICULARS OF THE PLAINT:
1. The name of the court where the suit is initiated; eg in the court of dis J at Delhi
2. The name, place, and description of the plaintiff’s residence;
3. The name, place, and description of the defendant’s residence;
4. A statement of unsoundness of mind or minority in case the plaintiff or the
defendant belongs to either of the categories;
5. The facts that led to the cause of action and when it arose;
6. The facts that point out to the jurisdiction of the court ;
7. The plaintiff’s claim for relief;
8. A statement containing the value of the subject-matter of the suit for the
purpose of jurisdiction and court fees;
2) Substantial portion:
In this portion, plaint must contain all the necessary and vital facts, which constitute
the suit. If the plaintiff wishes to pursue a course of action on any other grounds must
be duly mentioned.
- It should be shown in the plaint that the defendant is interested in the subject
matter and therefore must be called upon by the court.
- Where the defendants are more than one and if the liability is not joint, then the
individual liability of each and every defendant must be shown separately.
- In the same way, if there is more than one plaintiff and their cause of action is not
joint, then too, the same has to be mentioned separately.
C. Relief:
It is the last part of the plaint. It must be claimed properly and accurately. Every plaint
must state specifically the kind of relief asked for, be it in the form of damages, specific
performance or injunction or damages of any other kind. This must be done with
utmost carefulness because the claims in the plaint cannot be backed by oral pleadings.