PROJECT

In Fulfillment of the Requirements for Internal Component in

Civil Procedure Code

“Plaint And Its Content”

1. INTRODUCTION.

1.1 Need f0r study 0f CPC.

The Civil Pr0cedure C0de regulates every acti0n in civil c0urts and the parties bef0re it till the

executi0n 0f the degree and 0rder. The Aim 0f the Pr0cedural law is t0 implement the principles

0f Substantive law. This C0de ensures fair justice by enf0rcing the rights and liabilities. CPC

being the Pr0cedural law 0r adjective law, prescribes the pr0cedure and machinery f0r the

enf0rcement 0f th0se rights and liabilities. T0 say, in 0ther w0rds, the pr0cedural law is

c0ncerned with enf0rcement 0f th0se rights and liabilities determined in acc0rdance with the

rules 0f the substantive law.

1.2 Manner 0f c0mmencement 0f civil right.

C0urts are there t0 settle the disputes between individual pers0ns and t0 declare and establish

their rights regarding the matters in dispute. S0 whenever pers0ns fail t0 s0lve a dispute am0ng

1
themselves, they can appr0ach the C0urt by filing a suit. It is called instituti0n 0f suit. In the

legal sense, a suit is a civil pr0ceeding instituted by the presentati0n 0f a plaint.1

1.3 Duty 0f aggrieved party

Regarding the admissi0n 0f plaint, the aggrieved party carries several duties in this sphere. It is

required t0 annex a list 0f all d0cuments with the plaint. M0st imp0rtantly, it is the duty 0f the

aggrieved party that after submissi0n 0f the plaint he shall supply the c0py 0f the plaint f0r
defendant. And if there is m0re than 0ne defendant, a c0py f0r each shall be supplied within the

time prescribed by the c0urt. An0ther duty 0n behalf 0f the aggrieved party is that he is b0und

t0 pay requisite fees 0f the service 0f summ0ns f0r the defendant. It is essential that service 0f

summ0ns has t0 be c0nducted within seven days after the instituti0n 0f plaint.

1.4 Principles t0 be f0ll0wed in filing suit

Secti0n 26(1), CPC says that every suit shall be instituted by the presentati0n 0f a plaint 0r in

such 0ther manner as may be prescribed. Sub-secti0n (2) pr0vides that in every plaint, facts

shall be pr0ved by affidavit. The pr0cedural framew0rk relating t0 the instituti0n 0f a suit is
give bel0w:
i. Preparing the plaint

ii. Ch00sing the pr0per place 0f suing

iii. Presentati0n 0f the plaint

1
Pandurang Ramachandra Vs Shantibai Ramachandra, Air 1989 Sc 2240.
2
 2. PARTICULARS OF THE PLAINT.

2.1 Intr0ducti0n.

In plaint, plaintiff sh0uld allege facts ab0ut his cause 0f acti0n. In fact, plaint c0nsists 0f s0me

c0ntents, and it is mandat0ry that such c0ntents sh0uld be present in plaint. It is a first duty 0f

c0urt, bef0re which a suit is instituted t0 pr0perly examine the plaint, f0r the purp0se 0f

determining, whether it sh0uld be returned, 0r rejected and in 0rder t0 determine, the questi0n 0f

rejecti0n it is the resp0nsibility the c0urt t0 take c0nsiderati0n 0ther materials t00, 0rder VII,

Rule 11 0f CPC narrate cases where plaint sh0uld be rejected. Acc0rding t0 secti0n 26 0f the

C0de 0f the Civil Pr0cedure every suit shall be instituted by the presentati0n 0f a plaint.2 0nce

the plaint is ready, it is t0 be filed in the c0urt which has b0th territ0rial and pecuniary

jurisdicti0n. Acc0rding t0 secti0n 15 0f the CPC a suit trial by a civil c0urt must be instituted in

the c0urt 0f the l0west grade c0mpetent t0 try it. 0nce a plaint is taken t0 the c0urt, the c0urt

0fficer, the date 0f filing shall als0 be stamped 0n the plaint as s00n as it is filed. 0nce this is

d0ne a civil suit is said t0 have been started. The machinery 0f a c0urt is set in m0ti0n by the

presentati0n 0f a plaint, which is the first stage in a civil suit.3

A civil suit can be filed by presentati0n 0f a Plaint bef0re the appr0priate c0urt Plaint c0ntains
name 0f the c0urt, parties names and addresses, cause(s) 0f acti0n and relief s0ught etc. (0rder

VII, Rule 1, C0de 0f Civil Pr0cedure,1908). A litigant must read and verify that the plaint

clearly sh0ws the cause 0f acti0n 0f the suit and must be cauti0us that the suit is n0t barred by

limitati0n, 0therwise, a plaint may be rejected under 0rder VII, rule XI 0f the said C0de.

Appr0priate legal c0unsel may be s0ught t0 check the ab0vementi0ned matters. Requisite C0urt
fees sh0uld be attached with the Plaint. C0urt fees can be either fixed 0r based 0n ad-val0rem

basis. 0nce a plaint is ready, it will be filed with the c0ncerned c0urt having jurisdicti0n. A civil

suit has t0 be filed in the c0urt 0f l0west grade c0mpetent t0 try it. Learned adv0cate sh0uld

2
The Code of the Civil Procedure, 1908. (Act No V of 1908).
3
Md. Abdul Halim, The Legal System of Bangladesh, 1st ed., (Dhaka: CCB Foundation, 2004). p. 164.

3
prepare a bundle f0r c0urt which includes plaint, vakalatnama (p0wer given t0 Lawyer by

client), list 0f d0cuments up0n which the claimant(s) rely 0n, pr0cess fee, n0tice 0f summ0n,

c0pies 0f the plaint as required depending 0n the number 0f defendants. Thereafter, the plaint

including 0ther necessary d0cuments sh0uld be submitted bef0re the c0ncerned c0urt 0fficer,

wh0 shall examine, inter alia, territ0rial and pecuniary jurisdicti0n and requisite c0urt fees paid

there0f. After such examinati0n he will put a case number 0f the suit and will enter the suit int0

a register which is called the register 0f the suits. The date 0f filing shall als0 be stamped 0n the
plaint as s00n as it is filed. When all the ab0ve pr0cedures are c0mpleted, a civil suit starts its
j0urney.

2.2 Meaning 0f plaint.

The expressi0n “plaint” has n0t been defined in the c0de. H0wever, it may be described as a

private mem0rial tendered t0 a c0urt in which the pers0n sets f0rth his cause 0f acti0n, the

exhibiti0n 0f an acti0n in writing. A plaint is a d0cument where the facts and gr0unds 0f claim

are stated clearly and c0ncisely. H0wever, it can be said t0 be a statement 0f claim, a
d0cument, by presentati0n 0f which the suit is instituted. Its 0bject is t0 state the gr0unds up0n

which the assistance 0f the c0urt is s0ught by the plaintiff. It is a pleading 0f the plaintiff.4

Black's Law Dicti0nary pr0vides that “A private mem0rial tendered in 0pen c0urt t0 the judge,

where the party injured sets f0rth his cause 0f acti0n.5 A pr0ceeding in inferi0r c0urts by which

an acti0n is c0mmenced with0ut 0riginal writ. This m0de 0f pr0ceeding is c0mm0nly ad0pted in
cases 0f replevin. In the civil law. particularly 0ne f0r setting aside a testament alleged t0 be

invalid. This w0rd is the English equivalent 0f the Latin “que- rela”.6,

Indeed, "Plaint" has n0t been statut0rily defined. But it sh0uld c0ntain necessary and relevant

facts c0nstituting the cause 0f acti0n. The c0unterclaim need n0t necessarily be c0nfined t0 the

claim made against the plaintiff, and if f0r its effective adjudicati0n besides the plaintiff 0ther
4
C. K. Takwani, Civil Procedure, 5th ed., (Lucknow: Eastern Book Company, 2006). P. 157.
5
Black's Law Dictionary.
6
Radheshyam Agrawal vs Hariom Trading Co. And Ors. on 12 August, 1991

4
interested pers0ns sh0uld be made parties, they sh0uld be impleaded, if the c0urt is satisfied that

with0ut them the adjudicati0n will be inc0mplete. 0rder 8, Rule 6-A, C.P.C. d0es n0t say as t0

wh0 shall be parties t0 the c0unter-claim. The pr0visi0ns as t0 j0inder 0f parties under 0rder 1,

Rule 10, 0f C.P.C. w0uld als0 apply t0 c0unter-claim, n0 d0ubt, subject t0 the c0nditi0n that

pers0ns impleaded are necessary and pr0per parties f0r an effective adjudicati0n 0f the

questi0ns inv0lved. The submissi0n that 0rder 8, Rule 6-A d0es n0t enable the participati0n 0f

pers0ns wh0 are n0t already parties t0 the suit is difficult t0 accept. Finally can say that “Plaint

is written statement 0f plaintiff’s claim. Thr0ugh plaint, plaintiff describes his cause 0f acti0n

and 0ther necessary particulars t0 seek remedy fr0m c0urt f0r redressed 0f his grievances.”

2.3 C0ntents 0f plaint.

2.3.1 Parties t0 suit7

There must be tw0 parties in every suit, namely, the plaintiff and the defendant. There may,

h0wever, be m0re than 0ne plaintiff 0r m0re than 0ne defendant. But there must at least 0ne

plaintiff and 0ne defendant in every suit. All particulars, such as name, father’s name, age,

place 0f residence, etc, which are necessary t0 identify the parties, must be stated in the plaint8.

2.3.2 Cause 0f acti0n9

Every suit presupp0ses the existence 0f a cause 0f acti0n against defendant because if there is

n0 cause 0f acti0n the plant will have t0 be rejected. Even th0ugh the expressi0n “cause 0f

acti0n” has n0t been defined in the C0de, it may be described as “a bundle 0f essential facts,
which it is necessary f0r the plaintiff t0 pr0ve bef0re he can succeed” 0r “which gives the

plaintiff right t0 relief against the defendant” Thus “cause 0f acti0n” means every facts, which

it is necessary t0 establish t0 supp0rt a right 0r 0btain a judgment. T0 put it differently, cause 0f

7
The Code of Civil Procedure, 1908, Order VII.
8
Smt. Kalawati Devi vs Chandra Prakash And Ors. on 2 September, 1957
9
Ibid.

5
acti0ns gives 0ccasi0n f0r and f0rms the f0undati0n 0f the suit. The classic definiti0n 0f the
said expressi0n is f0und in the case 0f C00ke v. Gill, wherein L0rd Brett 0bserved: “Cause 0f

acti0n means every fact which it w0uld be necessary f0r the plaintiff t0 pr0ve, if traversed, in
0rder t0 supp0rt his right t0 the judgment 0f the c0urt”.10
Cause 0f acti0n has n0thing t0 d0 with the defense which may be set up by the defendant, n0r

d0es it depend up0n the character 0f the relief prayed f0r by the plaintiff. It refers entirely t0 the

gr0unds set f0rth in the plaint as the cause 0f acti0n. It is als0 necessary f0r the plaintiff t0 state

specifically when such cause 0f acti0n ar0se.11.This will enable the defendant as well as the

c0urt t0 ascertain fr0m the plaint whether in fact and in law the cause 0f acti0n as alleged by

the plaintiff in the plain did arise 0r n0t.

The Supreme C0urt stated, the 0bject underlying 0rder VII, Rule 1, which require th at the plaint

shall c0ntain the particulars ab0ut the facts c0nstituting the cause 0f acti0n and when it ar0se,

is t0 enable the c0urt t0 find 0ut whether the plaint discl0ses the causes 0f acti0n because the

plaint is liable t0 be rejected under 0rder VII, Rule 11, CPC if it d 0es n0t discl0se the cause 0f

acti0n12. The purp0se behind the requirement that the plaint sh0uld indicate when the cause 0f
acti0n ar0se is t0 help the c0urt in ascertaining whether the suit is n0t barred by limitati0n.15
Any err0r 0n the part 0f the plaintiff in indicating the date 0n which the cause 0f acti0n ar0se
w0uld be 0f little c0nsequence if the cause 0f acti0n had arisen 0n the date 0n which the suit

was filed and the suit was within limitati0n fr0m the said date. The err0r in menti0ning the date

0n which the cause 0f acti0n had arisen in the plaint in such a case w0uld n0t disentitle the

plaintiff fr0m seeking relief fr0m the c0urt in the suit.13

2.3.3 Valuati0n

The plaintiff must state in the plaint the valuati0n 0f the subject- matter 0f the suit f0r the

purp0ses 0f pecuniary jurisdicti0n 0f the c0urt and c0urt fees, s0metimes, the valuati0n 0f the
10
Cooke v. Gill.
11
Central Government Employees vs Consolidated Civil ... on 24 January, 2012
12
T. Muralidhar vs Pvr Murthy on 7 November, 2014.
13
C. K. Takwani, ibid., pp. 157-160.

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subject-matter f0r b0th the purp0ses may be the same, as, f0r example, in a suit f0r rec0very 0f

m0ney. But s0metimes, t0 valuati0ns may differ, as, f0r example, in a suit f0r declarati0n 0r in

a suit f0r injuncti0n 0r f0r p0ssessi0n 0f imm0vable pr0perty.14 In such a case, the plaintiff
sh0uld distinctly state the valuati0n 0f the suit f0r the purp0se jurisdicti0n 0f the c0urt and f0r
the purp0se 0f c0urt fees.15

2.3.4 Limitati0n: Rule 6

Rule 6 pr0vides that where the suit is barred by limitati0n, is necessary f0r the plaintiff t0 sh0w

the gr0und 0f exempti0n in the plaint. But the pr0vis0 added by the amendment act 0f 1976

emp0wers the c0urt t0 permit the plaintiff t0 rely 0n a new gr0und f0r exempti0n if it is n0t

inc0nsistent with the gr0unds menti0ned in the plaint.16

2.3.5 Jurisdicti0n 0f the c0urt

The plaint must state all the facts sh0wing h0w the c0urt has pecuniary and territ0rial

jurisdicti0n 0ver the subject-matter 0f the suit17. When the jurisdicti0n 0f a c0urt t0 entertain the

suit is disputed by the defendant, the c0urt may frame the issue t0 that effect and decide the

same bef0re deciding 0ther issues.18

2.3.6 Relief: Rules 7 - 8

Every plaint must state specifically the relief claimed by the plaintiff either simply 0r in the

alternative. Where the relief is f0unded 0n separate and distinct gr0unds, they sh0uld be s0
stated. Where the plaintiff is entitled t0 m0re than 0ne relief in respect 0f the same cause 0f

acti0n. It is 0pen t0 him t0 claim all 0r any 0f such reliefs. But if he 0mits, accepts with the
leave 0f the c0urt, t0 sue f0r any particular relief, he will n0t afterwards be all0wed t0 sue f0r

14
Perumal vs Boyot Selvacarassou, Power Agent ... on 3 April, 2002.
15
C. K. Takwani, ibid., pp. 157-160.
16
The Code of Civil Procedure, 1908, Order VII, Rule 6, Smt. Baldev Kaur vs.Municipal Corporation Of Delhi on
25 November, 2016
17
Asif Ahmedally Porbunderwalla vs Mrs. Daulat Akbarali ... on 22 August, 2013.
18
C. K. Takwani, ibid., p. 159.

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the relief s0 0mitted.19 The c0urt must have regard f0r all the relief and l00k at the substance 0f

the matter and n0t at its f0rm. As, f0r example, prayer f0r c0sts need n0t be added in the plaint

since as a general rule c0sts f0ll0w the event, and the c0urt b0und t0 decide the p0int.20

Similarly, in a suit f0r p0ssessi0n and manse pr0fits, the c0urt can grant future mesne pr0fits

even if they are n0t specifically asked f0r. The plaintiff sh0uld state specifically the relief which

he claims either simply 0r in the alternative. Where a questi0n arises as t0 whether the plaintiff

has asked f0r a particular relief in his plaint, the plaint must be read as a wh0le and the

substance 0f the matter and n0t the f0rm there0f sh0uld be c0nsidered.

2.4 Time and Presentati0n 0f the Plaint.

C0mmencement 0f the Suit: Secti0n 26 and 0rder 4 c0ntain the pr0visi0ns relating t0 the

instituti0n 0f a suit. Rule 1 0f 0rder 4 g0es as:

i. The plaint must be presented t0 the c0urt 0r t0 such 0fficer as it app0ints in that behalf

and it must be 0n a w0rking day and during 0ffice h0urs. This rule is based 0n practices
f0ll0wed as there is n0 rule specifically stating when and where the plaint is t0 be
presented.21
ii. Every plaint shall c0mply with the rules c0ntained in 0rder VI and VII, s0 far as they are

applicable.
iii. The plaint shall n0t be deemed t0 be duly instituted unless it c0mplies with the

requirements specified in sub-rules (1) and (2). Secti0n 26 pr0vides that every suit shall be

instituted by the presentati0n 0f a plaint 0r in such 0ther manner as may be prescribed.

A Judge may, theref0re, accept a plaint at his residence 0r at any place even after the 0ffice
h0urs th0ugh he n0t b0und t0 accept it. If it is n0t t00 inc0nvenient, the judge must accept the

plaint if it id the last day 0f limitati0n22.

19
Smt.Sarverunnisa Begum vs Syed Rafeeq on 9 March, 2015
20
Ibid.
21
The Code of Civil Procedure, 1908, Order VII, Rule 1.
22
Kisan Lal V Mohan Chandmal, AIR 1871` Bom 410.

8
Generally, the presentati0n 0f a plaint must be 0n a w0rking day and during the 0ffice h0urs.

H0wever, there is n0 rule that such presentati0n must be made either at a particular place 0r at

a particular time.23 A judge, theref0re, may accept a plaint at his residence 0r at any 0ther place
even after 0ffice h0urs, th0ugh h is n0t b0und t0 accept it.24 But if n0t t00 c0nvenient, the judge

must accept the plaint, if it is the last day 0f limitati0n. Thereafter, the particulars 0f a suit will

be entered by the c0urt in a b00k kept f0r the said purp0se, called the Register 0f Civil Suits.

After the presentati0n, the plant will be scrutinized by the Stamp Rep0rter.25 If there are defects,
the plaintiff 0r his adv0cate will rem0ve them. Thereafter the suit will be numbered.

23
J. Venkatramana Reddy vs Kanakagari Bhakthavatsalaiah ... on 2 September, 2002
24
Ibid.
25
M/S Anita International vs Tungabadra Sugar Works Maz.Sangh ... on 4 July, 2016

9
 3 CONTENT TO BE MADE OUT IN PLAINT.

3.1 Intr0ducti0n.
0rder VII: Rule 1, prescribes the essentials 0r particulars 0f the plaint.

A plaint is a statement 0f claim, a d0cument by presentati0n 0f which the suit is instituted.

Its 0bject is t0 state the gr0unds up0n which the assistance 0f the C0urt is s0ught by the

plaintiff.

3.2 RULE 1(a) The name 0f the c0urt in which the suit is br0ught.

3.3 RULE 1(b) The name, descripti0n and place 0f residence 0f the plaintiff.

A n0n-resident f0reign firm must sue n0t in the name 0f the firm but in the name 0f its
partners26. A Hindu j0int family can sue in the name 0f its manager.27

3.4 RULE 1(c) The name, descripti0n and place 0f residence 0f the defendant.

Where full particulars regarding a defendant are n0t kn0wn t0 the plaintiff, an insufficient 0r

even impr0per descripti0n d0es n0t make the plaint defective.28

3.5 RULE 1(d) Where the plaintiff 0r defendant is a min0r 0r a pers0n 0f uns0und

mind, a statement t0 that effect.

3.6 RULE 1(e) The facts c0nstituting the cause 0f acti0n and when it ar0se.

The plaintiff must give such particulars as will enable the defendant and the c0urt t0 ascertain

fr0m the plaint whether in fact and in law the cause 0f acti0n did arise as alleged 0r n0t. The

plaintiff's mere statement that it did arise 0r that he has a g00d cause 0f acti0n is useless f0r this
purp0se.29.

26
Manilal & Sons v Umedbhai & Co Manilal & Sons v Umedbhai & Co AIR 1957 Cal 688, (1958) 1 Cal 334.
27
Hariphoolchand Ganeshi Lal v Kishori Lal Jagannath Prasad (1961) Raj 390.
28
Shantadurga Temple v MF Jose Shantadurga Temple v MF Jose AIR 1976 Goa 54.
29
Ramprasad v Hazarimull Ramprasad v Hazarimull AIR 1931 Cal 458

10
That by an agreement in writing dated 1st January, 1989, signed by the defendant, the

defendant c0ntracted t0 sell t0 the plaintiff his Bungal0w referred t0 in the said agreement

(hereinafter referred t0 as the suit pr0perty) f0r Rs. 50,000/-, and an am0unt 0f Rs. 5,000/- was

paid by the plaintiff t0 the defendant as earnest m0ney at the time 0f agreement.

The plaintiff was ready and willing t0 perf0rm his part 0f the c0ntract and 0n June 1st, 1989 he

tendered Rs. 45,000/- the balance 0f c0nsiderati0n t0 the defendant and called up0n him t0

execute a sale deed, but the defendant refused t0 d0 s0. The plaintiff has always been and is still

ready and willing t0 perf0rm his part 0f the c0ntract by paying the balance 0f purchase price t0

the defendant.

Cause 0f Acti0n – 0rder VII, Rule 1(e):

The cause 0f acti0n f0r the suit ar0se 0n January 1, 1989 when the defendant executed the

agreement t0 sell the suit pr0perty t0 the plaintiff, and 0n June 1st, 1989, when the plaintiff
tendered the balance am0unt t0 the defendant and sh0wed his readiness and willingness t0

perf0rm his part 0f the c0ntract but the defendant refused t0 execute the sale deed and thereby

failed t0 perf0rm his part 0f the c0ntract.

3.7 RULE 1(f) The facts sh0wing that the c0urt has jurisdicti0n.

The plaint must aver all the facts sh0wing h0w the c0urt has jurisdicti0n.30 When pr0ceedings

are taken bef0re a tribunal, the plaint must state h0w it has jurisdicti0n t0 entertain the
pr0ceedings.31 The decisi0n 0f the c0urt 0n the questi0n 0f jurisdicti0n must rest 0n the
substantive relief t0 which the plaintiff is entitled t0 0n the facts alleged by him and n0t 0n the

prayer which he has ch0sen t0 make in the plaint.32

30
Tilak Raj v Prithipal Singh Tilak Raj v Prithipal Singh AIR 1961 J&K 61
31
Municipal Corpn of Greater Bombay v AS Sarela AIR 1960 Bom 141.
32
Bai Radha Bai v Nandlal Bai Radha Bai v Nandlal AIR 1956 Bom 649.

11
The cause 0f acti0n ar0se in Hyderabad because the agreement was executed in Hyderabad and

the defendant als0 resides within the territ0rial limits 0f this H0n’ble C0urt, theref0re, this

H0n’ble C0urt has Jurisdicti0n t0 try this suit.

3.8 RULE 1(g) The relief claimed by the plaintiff, simply 0r in the alternative.

The plaintiff theref0re prays that this H0n’ble C0urt may be pleased t0 Decree the suit as under:

(a) That the defendant may be 0rdered t0 transfer the suit pr0perty by executing a sale deed in

fav0ur 0f the plaintiff;

(b) that in the alternative, the defendant may be 0rdered t0 refund t0 the plaintiff the am0unt 0f

Rs. 5,000/- paid as earnest m0ney and als0 t0 pay Rs. 45,000/- as damages f0r c0mmitting

breach 0f the c0ntract;

(c) That the defendant may be 0rdered t0 pay the plaintiffs c0sts 0f this suit.

3.9 RULE 1(h) Where the plaintiff has all0wed a set-0ff 0r relinquished a p0rti0n 0f his

claim, the am0unt s0 all0wed 0r relinquished.

3.10 RULE 1(i) A statement 0f the value 0f the subject- matter 0f the suit f0r the purp0se

0f jurisdicti0n and c0urt-fees.

The statement 0f the value 0f the subject-matter 0f the suit is an imp0rtant particular which

every plaint sh0uld c0ntain as mandated by cl (i) 0f r 1 0f 0 7. The valuati0n given by the

plaintiff f0r the purp0se 0f jurisdicti0n is t0

be generally accepted unless the c0urt is 0f the 0pini0n that wr0ng valuati0n has been given 0ut
0f impr0per m0tive.
The suit is valued at Rs. 50,000/- f0r the purp0se 0f jurisdicti0n as well as f0r the purp0se 0f

C0urt fee. Since the value 0f the subject matter 0f the suit is f0r Rs. 50,000/-. Theref0re a C0urt

12
fee 0f Rs. 2,386/- is paid herewith as per A.P. C0urt Fee and Suit Valuati0n Act. Hence the

C0urt fee paid is sufficient.

3.11 RULE 2 Where the suit is f0r rec0very 0f m0ney, the precise am0unt claimed.

Where the suit is f0r acc0unts 0r mesne pr0fits 0r f0r m0vables in the p0ssessi0n 0f the

defendant 0r f0r debts which cann0t be determined, the appr0ximate am0unt 0r value
there0f.
Where the plaintiff seeks the rec0very 0f m0ney, the plaint shall state the precise am0unt

claimed:

But where the plaintiff sues f0r mesne pr0fits, 0r f0r an am0unt which will be f0und due t0 him

0n taking unsettled acc0unts between him and the defendant, 0r f0r m0vables in the p0ssessi0n

0f the defendant, 0r f0r debts 0f which the value he cann0t, after the exercise 0f reas0nable

diligence, estimate, the plaint shall state appr0ximately the am0unt 0r value sued f0r.

3.12 RULE 3 Where the subject-matter if the suit is imm 0vable pr0perty descripti0n 0f

the pr0perty sufficient t0 identify it, e.g. b0undaries, survey numbers, etc

Where the subject-matter 0f the suit is imm0vable pr0perty, the plaint shall c0ntain a

descripti0n 0f the pr0perty sufficient t0 identify it, and, in case such pr0perty can be identified

by b0undaries 0r numbers in a rec0rd 0f settlement 0r survey, the plaint shall specify such

b0undaries 0r numbers.

3.13 RULE 4 Where the plaintiff files a suit in a representative capacity, the facts

sh0wing that the plaintiff has an actual existing interest in the subject matter and

that he has taken steps that may be necessary t0 enable him t0 file such a suit.

13
Where the plaintiff sues in a representative character the plaint shall sh0w n0t 0nly that he has

an actual existing interest in the subject-matter, but that he has taken the steps (if any)
necessary t0 enable him t0 institute a suit c0ncerning it.

suit by a pers0n as execut0r 0r administrat0r 0f a deceased pers0n is a suit by him in a

representative character. There are s0me cases in which the law requires pr0bate 0r letters 0f

administrati0n, as the case may be, t0 entitle a pers0n suing in a representative character t0 a
decree in respect 0f the estate 0f the deceased.

3.14 RULE 5 The interest and liability 0f the defendant in the subject-matter 0f the suit.

The plaint shall sh0w that the defendant is 0r claims t0 be interested in subject-matter, and that

he is liable t0 be called up0n t0 answer the plaintiff's demand.

3.15 RULE 6 Where the suit is time-b arred, the gr0und up0n which the exempti0n fr0m

the law 0f limitati0n is claimed.

Where the suit is instituted after the expirati0n 0f the peri0d prescribed by the law 0f limitati0n,

the plaint shall sh0w the gr0und up0n which exempti0n fr0m such law is claimed:

Pr0vided that the C0urt may permit the plaintiff t0 claim exempti0n fr0m the law 0f limitati0n

0n any gr0und n0t set 0ut in the plaint, if such gr0und is n0t inc0nsistent with the gr0unds set
0ut in the plaint.

3.16 C0nclusi0n.
T0 c0nclude, it can be stated that plaint plays imp0rtant r0le thr0ugh0ut wh0le trial 0f any civil

suit. It is admitted principle that n0 plaintiff can g0 bey0nd his plaint. Theref0re, n0 plaintiff

can demand what is n0t claimed in his plaint. Similarly n0 plaintiff can pr0duce any evidence,

which is bey0nd his plaint. 

14
 4 CONCLUSION.

In drafting a suit unnecessary trouble sh0uld be av0ided. Lengthy civil suit is a lengthy pr0cess

in a men’s life the same is a wastage 0f energy and time. Lengthy civil suit engulfs the lifetime

0f a party. C0mpetency 0f a c0urt in disp0sing a civil suit is 0f mare imp0rtance than anything
else. Legal pr0fessi0n is a s0lemn and seri0us 0ccupati0n. It is a n0ble calling and all th0se

wh0 bel0ng t0 it are its h0n0rable members. Alth0ugh the entry t0 the pr0fessi0n can be

pr0fessi0nal has t0 be maintained by its members. Every Civil suit must be duly st amped, and

must be signed with due verificati0n. Success 0f a party lies, in filing civil suit with due care.

Impr0per plaint gives birth t0, impr0per results and the same affects the life and pr0perty 0f a

party, care sh0uld be taken 0ver filing a civil suit, in matters 0f c0urt fees, jurisdicti0n and

specificati0n 0f the suit land. Lawyers must be careful in discharging their duties and in

discharging the duties best0wed up0n them. It sh0uld be taken case 0f that a man sh0uld n0t be

tried in his absence; by keeping him ign0rant 0ver the fact and actual matters. Hence in a civil

suit the summ0ns must c0ntain a directi0n whether the date fixed is f0r settlement 0f issues 0nly

0 r f0 r final disp0sal 0f the suit. In the latter case, the defendant sh0uld be directed t0 pr0duce

his witnesses. The c0urt must give sufficient time t0 the defendant t0 enable him t0 appear and

answer the claim 0f the plaintiff 0n the day fixed. The summ0ns sh0uld als0 c0ntain an 0rder t0
the defendant t0 pr0duce all d0cuments 0r c0pies there0f in his p0ssessi0n 0r p0wer up0n which

he intends t0 rely 0n in supp0rt 0f his case. A party in litigati0n must remember that g00d plaint

gives birth t0 a g00d decree. As such t0 achieve a g00d decree plaint must be duly filed.

0therwise the same may deprived the party fr0m enj0ying the fruits 0f a civil suit.

15
 5 BIBLIOGRAPHY.

1. Asif Ahmedally P0rbunderwalla vs Mrs. Daulat Akbarali, 0n 22 August, 2013.

2. Bai Radha Bai v Nandlal Bai Radha Bai v Nandlal AIR 1956 B0m 649.

3. Black's Law Dicti0nary.

4. C. K. Takwani, Civil Pr0cedure, 5th ed., (Luckn0w: Eastern B00k C0mpany, 2006). P.
157.
5. Central G0vernment Empl0yees vs C0ns0lidated Civil ... 0n 24 January, 2012
6. C00ke v. Gill.
7. Hariph00lchand Ganeshi Lal v Kish0ri Lal Jagannath Prasad (1961) Raj

8. J. Venkatramana Reddy vs Kanakagari Bhakthavatsalaiah ... 0n 2 September, 2002

9. Kisan Lal V M0han Chandmal, AIR 1871` B0m 410.

10. M/S Anita Internati0nal vs Tungabadra Sugar W0rks Maz.Sangh ... 0n 4 July, 2016

11. Manilal & S0ns v Umedbhai & C0 Manilal & S0ns v Umedbhai & C0 AIR 1957 Cal
688.
12. Md. Abdul Halim, The Legal System 0f Bangladesh, 1st ed., (Dhaka: CCB F0undati0n,
2004).
13. Municipal C0rpn 0f Greater B0mbay v AS Sarela AIR 1960 B0m 141.

14. Perumal vs B0y0t Selvacarass0u, P0wer Agent ... 0n 3 April, 2002.

15. Radheshyam Agrawal vs Hari0m Trading C0. And 0rs. 0n 12 August, 1991

16. Ramprasad v Hazarimull Ramprasad v Hazarimull AIR 1931 Cal 458

17. Shantadurga Temple v MF J0se Shantadurga Temple v MF J0se AIR 1976 G0a 54.

18. Smt. Baldev Kaur vs.Municipal C0rp0rati0n 0f Delhi 0n 25 N0vember, 2016

19. Smt. Kalawati Devi vs Chandra Prakash And 0rs. 0n 2 September, 1957

20. Smt.Sarverunnisa Begum vs Syed Rafeeq 0n 9 March, 2015

21. T. Muralidhar vs Pvr Murthy 0n 7 N0vember, 2014.

22. The C0de 0f Civil Pr0cedure, 1908, 0rder VII.
23. Tilak Raj v Prithipal Singh Tilak Raj v Prithipal Singh AIR 1961 J&K 61

16
 6 BOOKS REFERRED.

1. A. M M0niruzzaman, Civil Pr0cedure C0de, 3rd ed., (Dhaka: Shams Publicati0ns,

2007
2. C.K. Takwani: Civil Pr0cedure with Limitati0n Act, 1963, Ed. 7th;

3. Mahbudul Islam: Law 0f Civil Pr0cedure, ed.2nd , V0lume 2 (0r 21r. 60 t0 end)

4. Mahmud Wazedd: Hand b00k 0n c0de 0f civil pr0cedure;

5. Md. Abdul Halim: Text B00k 0n Civil Pr0cedure

6. Md. Abul Kalam Azad, The C0de 0f Civil Pr0cedure, 3rd ed., (Dhaka: Lipi Law B00k
H0use, 2008)
7. Mulla's Civil Pr0cedure C0de, 13th Edn., V0l. 1, p. 755.

8. The C0de 0f Civil Pr0cedure, 1908

17
 7 LIST OF CASES CITED.

1. Asif Ahmedally P0rbunderwalla vs Mrs. Daulat Akbarali, 0n 22 August, 2013.

2. Bai Radha Bai v Nandlal Bai Radha Bai v Nandlal AIR 1956 B0m 649.

3. Central G0vernment Empl0yees vs C0ns0lidated Civil ... 0n 24 January, 2012

4. C00ke v. Gill.
5. Hariph00lchand Ganeshi Lal v Kish0ri Lal Jagannath Prasad (1961) Raj

6. J. Venkatramana Reddy vs Kanakagari Bhakthavatsalaiah ... 0n 2 September, 2002

7. Kisan Lal V M0han Chandmal, AIR 1871` B0m 410.

8. M/S Anita Internati0nal vs Tungabadra Sugar W0rks Maz.Sangh ... 0n 4 July, 2016

9. Manilal & S0ns v Umedbhai & C0 Manilal & S0ns v Umedbhai & C0 AIR 1957 Cal
688.
10. Municipal C0rpn 0f Greater B0mbay v AS Sarela AIR 1960 B0m 141.

11. Perumal vs B0y0t Selvacarass0u, P0wer Agent ... 0n 3 April, 2002.

12. Radheshyam Agrawal vs Hari0m Trading C0. And 0rs. 0n 12 August, 1991

13. Ramprasad v Hazarimull Ramprasad v Hazarimull AIR 1931 Cal 458

14. Shantadurga Temple v MF J0se Shantadurga Temple v MF J0se AIR 1976 G0a 54.

15. Smt. Baldev Kaur vs.Municipal C0rp0rati0n 0f Delhi 0n 25 N0vember, 2016

16. Smt. Kalawati Devi vs Chandra Prakash And 0rs. 0n 2 September, 1957

17. Smt.Sarverunnisa Begum vs Syed Rafeeq 0n 9 March, 2015

18. T. Muralidhar vs Pvr Murthy 0n 7 N0vember, 2014.

19. Tilak Raj v Prithipal Singh Tilak Raj v Prithipal Singh AIR 1961 J&K 61

18