Plaint Structure

If you’ve ever thought why this concept of plaint comes into the picture and
what are the benefits & why this plaint is necessary, here‘s everything you
need to know. This whole article on sample plaints deals with the concept of
‘Plaint’ according to the provision of law and what are the necessary contents
which are required to be there in plaint. This article also deals with the other
aspects of plaint like common mistakes made in the plaint and some tips to
write a proper plaint according to the provision of CPC.

Plaint
A Plaint is a legal document that contains the content of any civil suit which
shows the Plaintiff’s claim after filing suit. The plaint is the first step of the
Plaintiff in the form of a legal document for the commencement of suit and it
shows what a Plaintiff wants from that suit. The concept of a plaint is
mentioned in the Civil Procedure Code. Through the help of plaint, the
plaintiff narrates or describes the cause of action and related information
which is considered as essential from the viewpoint of the suit.

In the case of plaint, the cause of action consists of two divisions, first is the
legal theory (the factual situation based on which the plaintiff claims to have
suffered) and second is the legal remedy that the plaintiff seeks from the
court. A plaint is considered an important concept because it is the foremost
and initial stage to initiate any lawsuit and helps to find a civil court of
appropriate jurisdiction.

Order VII of the Code of Civil Procedure deals, particularly with plaint. In
Order VII of CPC, there are many different rules which deal with different
constituents of plaint. Rules 1 to 8 deal with the particulars of the plaint. Rule
9 of CPC deals with how the plaint will be admitted and after that Rule 10 to
10-B talks about the return of the plaint and the appearance of parties. And
the main Rules i.e 11 to 13 deal with the rejection of the plaint and in which
circumstances the plaint can be rejected.

Section 26 of the Code of Civil Procedure states “Every suit shall be instituted
by the presentation of a plaint or in such other manner as may be
prescribed.” This section clearly shows that plaint is very much necessary for
the establishment of a suit before the civil or commercial court.

Necessary Contents of A Plaint

A plaint is a legal document that contains a lot of necessary contents in the
absence of which, it cannot be considered as a plaint. The contents necessary
for a plaint are mentioned in Rules 1 to 8 of Order VII of CPC. These are
mentioned below:

 Plaint should contain the name of the commercial or civil court

where a suit will be initiated.
 Plaint should contain details of the plaintiff such as the name,
address, and description.
 Plaint should contain the name, residence, and description of the
defendant.
 When a plaintiff has some defects or problems in health or any type
of disability, the Plaint should contain a statement of these effects.
 Plaint should contain the facts due to which cause of action arises
and where the cause of action arises it should also be mentioned.
 Plaint should not only mention facts due to which cause of action
arises but also those facts which help in recognizing the
jurisdiction.
 Plaint should also contain about that relief which the plaintiff seeks
from the court.
 When the plaintiff is ready to set off a portion of his claim, the Plaint
should contain that amount which has been so allowed.
 Plaint should contain a statement of the value of the subject-matter
of suit not only for the purpose of jurisdiction but also for the
purpose of court-fees.
 At last, the content that should be on plaint is the plaintiff
verification on oath.
This shows that the plaint is a necessary component for the successful
initiation of suits in commercial or civil courts and plays a very important role
throughout the suit. Some additional particulars which were not mentioned
above include the following: Plaintiff shall state the exact amount of money
to be obtained from the defendant as given under Rule 2 of order
VII whereas Rule 3 of order VII of CPC states that when the plaint contains
subject matter of immovable property, then the property must be duly
described.

Rejection of plaint
The Plaint shall be rejected in certain situations when requirements are not
fulfilled. Some of the situations in which the plaint is rejected are as follows:

 The plaint is rejected in a case where the cause of action is not

disclosed. If the cause of action is not disclosed then it is not
possible to prove the damage caused to the plaintiff. To seek relief
against the defendant, the facts need to be mentioned clearly. In
 the case of Snp Shipping Service Pvt. Ltd. v. World Tanker Carrier
Corporation, the plaint was rejected and the suit dismissed
under Order 7, Rule 1(a) of the C.P.C.,1908.

 The plaint is also rejected in a case where the plaintiff relief is

undervalued and the plaintiff is requested by the court to correct the
valuation within the given time frame but the plaintiff fails to do so.

 The plaint is rejected in a case where all the documents are not
properly stamped and the plaintiff on being required by the court to
supply the required stamp paper within a time to be fixed by court
fails to do so.

 The plaint is mostly rejected due to the statement mentioned in the

plaint secured by any law or statute that doesn’t give any right to
the plaintiff to file the suit.

 When a duplicate copy of the plaint is not submitted whereas it is

mentioned that it is mandatory to submit the duplicate copy then in
that condition plaint is liable to be dismissed.

 The plaint is rejected when the plaintiff fails to comply with the
provisions of Rule 9 of Order VII of C.P.C.

Provisions on the Rejection of Plaint under C.P.C.

As we have already said in what circumstances the plaint can be rejected and
now what are the provisions that are related to the rejection of the plaint
under Code of Civil Procedure. Some of the provisions regarding the rejection
of a plaint are mentioned below:

1. Order VII Rule 12 of C.P.C states the procedure on rejecting the

plaint so that it can be used as a precedent for future cases.
2. Order VII Rule 13 of C.P.C states that rejection of the plaint does
not stop the presentation or filling of the fresh plaint.
Two modes which are mentioned to show the manner in which the plaint can
be rejected:

1. The defendant has the right to file an application in the form of an

interlocutory application at any stage of proceedings for the
rejection of the plaint.
2. Suo moto (on its own): The meaning of the suo moto itself defines
the way of rejection of the plaint. Suo moto rejection is under Order
7 Rule 11 which states Rejection of the plaint. A court can itself try
a suit under Order 7 Rule 11 if the plaint fulfills the conditions
discussed in the first point.
Landmark Cases on Rejection of Plaint
Many cases came in front of court related to the rejection of plaint but some
of the cases given below are now considered as a landmark for other cases
on the rejection of plaint:

 Kalepur Pala Subrahmanyam v Tiguti Venkata: In this case, it was

said that a plaint cannot be rejected in part and retained part under
this rule. It must be rejected as a whole and not with the rejection
of one part and acceptance of another. This judgment is considered
as a landmark judgment on the rejection of the plaint.
 Sopan Sukhdeo Sable v. Asstt. Charity Commr.: In this case, it was
held that where the suit was at the stage of recording of evidence
and an application under Order 7 Rule 11 of the code was filed to
delay the proceedings of the suit, the application under Order 7 rule
11 of the code was rejected.
 Bibhas Mohan Mukherjee v. Hari Charan Banerjee : In this case, it
was held that an Order rejecting a plaint is a decree and hence it is
applicable and binding in other cases which involves the rejection of
the plaint.
 K. ROJA vs. U.S. RAYU: Court, in this case, held that any application
for the rejection of the plaint under Order 7 Rule 11 of the code of
civil procedure can be filed at any stage and the court has to
dispose of the same before proceeding with the trial.
 Kuldeep Singh Pathania vs. Bikram Singh Jarya: In this, the court
held that for an application under Order VII Rule 11(a) of Code of
Civil Procedure, only the pleadings of the plaintiff can be looked into
and neither the written statement nor averments can be considered
for inquiry.

Drafting of a Plaint
Drafting of plaint on any issue is considered as most important in order to file
the suit in the court and in this plaint drafted for the injunction on the use of
unused land as a dumping area by the resident of Malviya Nagar, New Delhi
that leads to health problem of the plaintiff due to huge collection of waste
material and bad smell all the time.

IN THE CIVIL COURT AT SAKET NAGAR, DELHI

Suit No. 166 of 2020

Abhinav Sharma

B104, Malviya Nagar, New Delhi

……… Plaintiff

V.

Sharmistha Sharma

Malviya Nagar, New Delhi

…….. Defendant

Suit for the Injunction On the use of Unused land as a dumping area

The Plaintiff submitted as under:

1. The plaintiff is a resident of Malviya Nagar, New Delhi, and the

Defendant is a neighbor of the plaintiff.
2. Unused land is near the house of the plaintiff, which is used by the
resident of B106 i.e. defendant as a dumping yard for the waste
material of her house.
3. That the Defendant was all the time throwing the waste material in
that unused land near the house of the plaintiff.
4. Since a very long time of being used as a dumping yard by the
defendant, there is a collection of huge waste material that leads to
the health problem of the plaintiff.
5. That the court has jurisdiction on this matter to fix an injunction on
the use of unused land as a dumping area as it restricts his free
movement and also leads to affect health due to defendant action.
Prayer:

It is Prayed that a decree for the injunction is passed in favor of the plaintiff
against the defendant. And some other relief as the court thinks fit.

Place: Malviya Nagar

Signature

Date: 04/02/2020
(Abhinav Sharma)

Verification:
In the above-named plaintiff do hereby verify that the contents of the paras
no. 1,2,3 and 4 are true to my knowledge and the contents of remaining
paras are according to legal advice from my advocate which I believe to be
true.

Place: Malviya Nagar

s/d of Plaintiff

Date: 04/02/2020
(Abhinav Sharma)