Essentials of a PLAINT

By | September 15, 2016

Essentials of a PLAINT

Pleading refers to plaint and written statement. In plaint, plaintiff should allege facts about his cause of action. In fact, plaint consists of some contents, and it is mandatory that such contents should be present in plaint. Order 7 Rule 1 of CPC lays down that a plaint must contain the following particulars;-

  1. Plaint should contain name of that court in which suit is brought.
  2. Plaint should contain name, description and residence of plaintiff.
  3. Plaint should contain name, description and residence of defendant.
  4. When plaintiff or defendant is minor or person of unsound mind, plaint should contain a statement to that effect.
  5. Plaint should contain those facts, which have constituted cause of action. In addition to this, it should also be described in plaint when cause of action has arisen.
  6. Plaint should contain those facts, which show the court has jurisdiction.
  7. Plaint should contain that relief, which plaintiff claims.
  8. When plaintiff has allowed set off or has relinquished a portion of his claim, plaint should contain that amount, which has been so allowed or so relinquished.
  9. Plaint should contain statement of value of subject-matter of suit not only for purpose of jurisdiction, but also for purpose of court-fees.
  10. Plaint should contain plaintiff’s verification on oath.

In some specific cases, in addition to the above, the plaint should contain the following specific particulars also:-

  1. If the suit is for recovery of money, the plaint should contain the exact amount claimed. If the suit is for mesne profit, or for an amount which will be due on taking accounts, or a debt the value whereof cannot be estimated with reasonable diligence, the approximate amount may be stated instead of the exact amount.
  2. If the suit is for immovable property, the plaint should contain a proper description sufficient to identify such  property along with boundaries, survey numbers, etc., wherever possible;
  3. Where the plaintiff files a suit of a representative character, the plaint must show not only that he has an actual existing interest in the subject matter of the suit, but also that he has taken the necessary steps to enable him to file such a suit;
  4. If the suit if filed after expiry of the limitation period, the plaint must state the ground on which exemption from the law of limitation is claimed;
  5. Where the plaintiff seeks relief in respect of several distinct claims or causes of action founded on separate and distinct grounds, they should be stated separately and distinctly.
  6. The plaint must state specifically the relief claimed by the plaintiff, either simply or in the alternative.
Mayank Shekhar
Author: Mayank Shekhar

Mayank is a student at Faculty of Law, Delhi University. Under his leadership, Legal Bites has been researching and developing resources through blogging, educational resources, competitions, and seminars.

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