Drafting, Pleading and Conveyancing

Pleadings
- Plaint
Elsa Shaikh - 81012100612
Introduction
The Plaint is a document for instituting a suit in the proper court of law.it is very
important, drafted by the advocate with consultation of his client. Under section
26 of the C.P.C every suit shall be instituted by the presentation of the plaint.In
plaint, the plaintiff should allege facts about his cause of action. A plaint which
is presented to a civil court of appropriate jurisdiction contains everything,
including facts to relief that the plaintiff expects to obtain.

Plaint is defined in Order 7 of CPC. Rules 1 to 8 of order relate to particulars in

a plaint. 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 7 should be read with section 26 of the code.
 Plaint
Section 26 Order IV
Instituition of Suit Rule 1

Section 26 – Every suit shall be instituted by presenting plaint

Every suit shall be instituted by presentation of a plaint. Shall comply with the rules contained in orders VI and
Every plaint shall be proved by an affidavit VII
 Order VII Rule I
⚬ The plaint shall contain the following particulars: —
(a) The name of the Court in which the suit is brought.
(b) The name, description and place of residence of the plaintiff.
(c) The name, description and place of residence of the defendant, so far as they can be
ascertained.
(d) Where the plaintiff or the defendant is a minor or a person of unsound mind, a
statement to that effect.
(e) The facts constituting the cause of action and when it arose.
(f) The facts showing that the Court has jurisdiction.
(g) The relief which the plaintiff claims.
(h) Where the plaintiff has allowed a set-off or relinquished a portion of his claim, the
amount so allowed, or relinquished.
(i) A statement of the value of the subject matter of the suit for the purposes of
jurisdiction and of court fees, so far as the case admits.
 Provisions
Plaintiff seeks recovery of money, plaint shall state precise amount claimed.
Rule 2 Where plaintiff sues for mesne profit, the plaint shall state approximately the
amount or value sued for

Rule 3 The plaint shall contain a description of the property sufficient to identify it.

When plaintiff sues in representative character the plaint shall show that he has an
Rule 4 actual interest in the subject matter and that he has taken necessary stepsto enable
him to institute a suit concerning it.
Plaint shall show that the defendant is or claims to be interested in the sub matter,
Rule 5 and that he is liable to be called upon to answer the plaintiff’s demand
Provisions
Rule 6
Plaint shall show the ground upon
which exemption is claimed.
Rule 7
Plaint shall state specifically the
relief which the plaintiff claims
either simply or in the alternative,
and it shall not be necessary to ask
for general or other relief
Rule 8
Where the plaintiff seeks relief in
respect of several distinct claims or
causes of action founded upon
separate and distinct grounds, they
shall be stated as far as may be
separately and distinctly
Provisions
Rule 9
Where the Court orders that the
summons be served on the
defendants , it will direct the
plaintiff to present as many copies
of the plaint on plain paper as there
are defendants within seven days
from the date of such order along
with requisite fee for service of
summons on the defendants.
Rule 12
here a plaint is rejected the Judge
shall record an order to that effect
with the reasons for such order
Rule 13
The rejection of the plaint on any of
the grounds hereinbefore mentioned
shall not of its own force preclude
the plaintiff from presenting a fresh
plaint in respect of the same cause
of action.
Provision
Order VII, Rule 10 states that the plaint will have to be returned in such situations
where the court is unable to entertain the plaint, or when it does not have the
jurisdiction to entertain the plaint.

The courts can exercise the power of returning the plaint for presentation before the
appropriate court if it feels that the trial court itself did not have the appropriate
jurisdiction in the first place.

Once the appellate court finds out that the trial court decided on the civil suit without
proper jurisdiction, such decision would be nullified.If the plaint is to be returned to
the parties after its rejection, the court has to fix a date for the same where the parties
can arrive for this purpose.
Grounds of
Rejection of plaint
When Can A Plaint Be Rejected?
1. A plaint can be rejected under the following scenarios
2. Where the cause of action is not disclosed
3. When the relief claimed by the plaintiff is undervalued, and he/ she is not able to
correct it even after being instructed by the court to do so.
4. When the relief claimed is proper, but the plaintiff proceeds with the plaint on a paper
which has not been stamped sufficiently and fails to do so even after the court's
instruction.
5. Where the suit stems from a statement which has been essentially barred by law
Case Laws
• In Sopan Sukhdeo Sable v. Asst. Charity Commr. (2004), the Supreme Court held
that a plaint cannot be rejected in part and retained in part. It should be rejected as a
whole.

• In Mayar H.K. Ltd. v. Owner and Parties, Vessel M.V. Fortune Express, AIR 2006
held that grounds of rejection of plaint specified in Rule 11 are not exhaustive. A
plaint can be rejected on other relative grounds also. Where the plaint is found to be
vexatious or meritless, not disclosing a clear right to sue, the court may reject the
plaint.
 Conclusion
A plaint is important in the sense that it is the first and foremost step towards instituting the suit. Therefore,
due care has to be taken to ensure that the procedure required for the initiation of plaint has been duly
recognized. It is mandatory to follow protocol by stating the relevant facts, the necessary details, refrain
from providing evidence and mention the kind of relief envisaged so that the plaintiff is duly benefited