A plaint is a formal legal document submitted by the plaintiff to initiate a civil lawsuit, outlining the claims and the relief sought. Order VII of the Code of Civil Procedure (CPC), 1908, governs the drafting and essentials of a plaint in India. Adhering to these provisions ensures clarity, precision, and the effective administration of justice.

MEANING AND DEFINITION

While the CPC does not explicitly define ‘plaint,’ it is understood as the written statement of the plaintiff’s claim. It serves as the foundation of a civil suit, detailing the grievances and the reliefs sought. The Supreme Court of India, in Mayar H.K. Ltd. v. Owners & Parties, Vessel M.V. Fortune Express (2006), emphasized that a plaint must disclose a clear cause of action and the specific relief claimed.

ESSENTIALS OF A PLAINT UNDER ORDER VII RULE 1 CPC

Order VII Rule 1 of the CPC mandates that a plaint should contain the following particulars:

1. Name of the Court: The specific court where the suit is instituted.
2. Name, Description, and Residence of the Plaintiff: Accurate details to establish identity and jurisdiction.
3. Name, Description, and Residence of the Defendant: Essential for proper service of summons.
4. Statement of Unsoundness of Mind or Minority: If applicable, a declaration regarding the mental state or minority of any party.
5. Facts Constituting the Cause of Action: A concise narrative of events leading to the lawsuit and the date when it arose.
6. Facts Showing Jurisdiction: Statements establishing the court’s authority to hear the case.
7. Relief Claimed: Specific remedies sought by the plaintiff.
8. Set-Off or Relinquishment: Any amount the plaintiff has allowed or given up.
9. Value of the Subject-Matter: For purposes of jurisdiction and court fees.

In Jaharlal Pagalia v. Union of India (1958), the Calcutta High Court underscored the necessity of stating the cause of action and its timing, as per Order VII Rule 1(e).

ADDITIONAL PARTICULARS IN SPECIFIC SUITS

• Money Suits: Under Order VII Rule 2, the plaint must state the precise amount claimed. If exact figures aren’t ascertainable, as in cases of mesne profits, an approximate amount should be mentioned.
• Immovable Property: As per Order VII Rule 3, the property should be described sufficiently to identify it, including boundaries or survey numbers.
• Representative Suits: Order VII Rule 4 requires the plaint to show that the plaintiff has an existing interest in the subject matter and has taken necessary steps to file the suit in a representative capacity.

PROCEDURE ON ADMISSION OF PLAINT

Upon admitting the plaint, the court directs the plaintiff to present copies of the plaint for each defendant and pay the requisite fees within a stipulated time, as outlined in Order VII Rule 9.

RETURN AND REJECTION OF PLAINT

• Return of Plaint: Under Order VII Rule 10, if the court lacks jurisdiction, it returns the plaint to be presented in the appropriate court. The judge must endorse the date of presentation and return, along with reasons.
• Rejection of Plaint: Order VII Rule 11 specifies grounds for rejection, including:
  • Non-disclosure of a cause of action.
  • Relief claimed is undervalued, and the plaintiff fails to correct it.
  • Insufficiently stamped plaint, and failure to supply the requisite stamp paper.
  • Suit appears barred by law.
  • Non-filing in duplicate.
  • Non-compliance with Order VII Rule 9.

In Sopan Sukhdeo Sable v. Asst. Charity Commr. (2004), the Supreme Court held that a plaint cannot be rejected in part; it must be rejected as a whole.

CASE LAWS ILLUSTRATING REJECTION OF PLAINT

• Shri Mukund Bhavan Trust v. Shrimant Chhatrapati Udayan Raje Pratapsinh Maharaj Bhonsle (2023): The Supreme Court observed that if it’s evident from the plaint that the suit is barred by limitation, courts should not hesitate to reject the plaint under Order VII Rule 11(d).
• T. Arivandandam v. T.V. Satyapal (1977): The Supreme Court cautioned against cleverly drafted plaints that create an illusion of a cause of action, directing courts to nip such suits in the bud.

IMPORTANCE OF PROPER DRAFTING

A well-drafted plaint ensures that the defendant is fully aware of the claims against them and can prepare an appropriate defense. It also aids the court in understanding the dispute and delivering justice efficiently.

CONCLUSION

Adherence to the provisions of Order VII CPC in drafting a plaint is crucial for the smooth functioning of civil litigation. It ensures that the plaintiff’s grievances are clearly presented, the defendant’s rights are protected, and the court’s time is utilized effectively.

REFERENCES

• Mayar H.K. Ltd. v. Owners & Parties, Vessel M.V. Fortune Express, (2006) 3 SCC 100.
• Jaharlal Pagalia v. Union of India, AIR 1958 Cal 273.
• Sopan Sukhdeo Sable v. Asst. Charity Commr., (2004) 3 SCC 137.
• Shri Mukund Bhavan Trust v. Shrimant Chhatrapati Udayan Raje Pratapsinh Maharaj Bhonsle, 2023 SCC OnLine SC 1.
• T. Arivandandam v. T.V. Satyapal, (1977) 4 SCC 467.