Definition
Detailed Explanation
A plaint is the foundational document that initiates a civil suit. It contains the plaintiff's statement of facts, the cause of action, the relief sought, and the jurisdiction of the court. Under the Code of Civil Procedure, 1908 (CPC), the plaint must comply with the requirements laid down in Order VII.
The plaint must contain particulars such as the names and addresses of the parties, the facts constituting the cause of action, when the cause of action arose, the facts showing the court has jurisdiction, the relief claimed, and the value of the subject matter for purposes of court fees and jurisdiction.
A plaint may be rejected under Order VII Rule 11 CPC if it does not disclose a cause of action, if the relief claimed is undervalued, if it is written on insufficiently stamped paper, or if it is barred by any law. However, rejection of plaint is not a bar to filing a fresh suit.
Essential Elements
- 1 Name, description, and place of residence of the plaintiff
- 2 Name, description, and place of residence of the defendant
- 3 Facts constituting the cause of action and when it arose
- 4 Facts showing the court has jurisdiction
- 5 The relief which the plaintiff claims
- 6 Where the plaintiff has allowed a set-off or relinquished a portion of the claim, the amount so allowed or relinquished
- 7 A statement of the value of the subject-matter for purposes of jurisdiction and court fees
Leading Cases
Sopan Sukhdeo Sable v. Asstt. Charity Commissioner
2004(2004) 3 SCC 137
Relevance: Held that rejection of plaint under Order VII Rule 11 must be based solely on the averments in the plaint
T. Arivandandam v. T.V. Satyapal
1977(1977) 4 SCC 467
Relevance: Established the principle that courts must examine if the plaint discloses a cause of action
Saleem Bhai v. State of Maharashtra
2003(2003) 1 SCC 557
Relevance: Clarified the scope and grounds for rejection of plaint
Usage Example
"The plaintiff filed a plaint before the District Court seeking recovery of Rs. 50 lakhs along with interest from the defendant for breach of contract."
Synonyms
Related Terms
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