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;

Structure of the plaint

The plaint consists of three parts
1. Head and title
2. Body of the plaint
3. Relief

    Heading and Title:

1. Name of the court: The plaint begins with name of the court as the heading.
This is followed by the number of the suit. It is not necessary to mention the
name of the presiding officer of the court. The name of the court is sufficient,
for example:-  In the Court of the District Judge, Sirsa. 
Eg: In the court of District Magistrate, Allahabad
Suit no….of 2009
2. Parties to the suit: There must be two parties in every suit, namely, the plaintiff and
the defendant. However, there may be more than one plaintiff, and defendant.  All
particulars of the parties such as name, residence, father’s name, age, etc. which are
necessary to identify the parties, must be stated in the plaint.
In the case of more than one parties, all of their names have to be mentioned in the
plaint according to their pleadings.
 In the case of minors, a minor cannot sue nor be sued. If one of the party is a minor or
of unsound mind, it will have to be mentioned in the cause title.
Eg: A, son of ….., age……, resident of………….. (Plaintiff)
V
B…..

3. Title of the suit:

The title of the suit contains the reasons for approaching the court and the jurisdiction
before which the plaint is initiated. Eg “suit for specific performance and damages” or
“suit for recovery”

2. Body of the plaint:

In the body of the plaint, the plaintiff describes his\her concerns in an elaborative
manner. Body should be divided into short paragraphs, numbered consecutively,
which each contains one fact. The body of the plaint is divided into two further parts
which are as follows:
1) Formal part:
The formal part contains the following essentials:-
1. A statement regarding the date of cause of action. It is necessary for every plaint
to contain the date when the cause of action arose. The primary objective
behind this is to determine the period of limitation.
2. The plaint must state all the facts showing jurisdiction of court
3. Statement of value of the subject matter for the purpose of pecuniary
jurisdiction of the court and court fees.
4. When a suit. Is filed post period pf limitation, a statement showing the grounds
on which plaintiff has claimed exception from limitation.
5. Every relief sought must be accurately worded. Plaintiff can claim more than
one relief. If the plaintiff omits to seek a relief, his subsequent suit for such relief
omitted would be barred under order 2, rule 2of CPC.

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.

Signature and verification:

- The signature of the plaintiff put at the end of the plaint. In case the plaintiff is
not present due to any legitimate reason, then the signature of an authorized
representative would suffice.
- The plaint should also be duly verified by the plaintiff. Where the plaintiff is
unable to do so, his /her representative may do the same after informing the
court.  
- The plaintiff has to specify against the paragraphs in the pleadings, what all
he/she has verified by his her own awareness of the facts, and what has been
verified as per information received, and subsequently believed to be true. The
signature of the plaintiff/verifier, along with the date and the place, at the end
of the plaint is essential.
The verification can only be done before a competent court or in front of an Oath
Commissioner.