Acknowledgement
Acknowledgement
SESSION 2020-2021
A
PROJECT ON
PLAINT AND
PARTICULARS
SUBMITED BY.
HEMU BHARDWAJ
ACKNOWLEDGEMENT
I would like to express my deepest and earnest gratitude to, PROF. ABHISHEK MISHRA
faculty for DRAFTING PLEADING CONVEYANCING , School of Law, for giving me this
opportunity to do a project on such a valuable topic of . I am grateful for the assistance,
guidance, and support that were extended during the course of excellent research. I am also
thankful to the college administration for providing the resources necessary for thee research
work. I thank my parents and friends their moral support and love throughout my research
work and project preparation. Above all I thank the God almighty for blessing me with the
health and the vitality to complete this project.
HEMU BHARDWAJ
B.A.LLB
8TH SEMESTER
CERTIFICATE
I am glad to submit this project report on as a part of my academic assignment. The project is
based on research methodology and further discusses the interview method. I think this would
be significant for academic purposes as well as prove information to all the readers. Here
though I declare that this paper is an original piece of research and the borrowed text and
ideas have been duly acknowledged.
ROLLNO.-17001251
DECLARATION
HEMU BHARDWAJ
Roll. No.-17001251
B.A.LL.B.
8TH SEMESTER
SYNOPSIS
INTRODUCTION
PLAINT AND ITS PARTICULAR
ESSENTIAL REQUISITES OF PARTICULARS OF PLAINT
ADDITIONAL PARTICULARS IN CERTAIN PLAINT
OTHER ESSENTIALS TO BE FURNISHED IN PLAINT
THE FORMAL PART AND CONETENT OF PARTICULARS
CONCLUSION
BIBLIOGRAPHY
B.A.LL.B. 8TH
INTRODUCTION
Plaint has not statutory definition. It means nothing more than a private memorial tendered to
court in which a person set forth his cause of action .the exhibition of an action in writing.
The plaint should contains the fact constituting the cause of action and the time when it arose
of claim in writing in field .hence plaint is a statement by the plaintiff in which he sets out his
cause of action with all necessary particulars .it is statement of claim and demands in
writing . A „plaint‟ is the process by which proceeding in the court is a plaint .a plaint is
statement in the writing of a cause of action in which the relief claimed is set out in detail.
Section 26 of the code of civil procedure provides that every suit shall be instituted by the
presentation of plaint or in such other manner may be prescribed .in every plaint, facts shall
be proved by affidavit Further the plaint meant to give fair information about once case to
opponent.
To provide a brief summary of the case and to assist the court to decide the dispute effective.
Bullen and lenke defines the plaint as. To define and identify to dispute and issues between
the parties .
OR.VII of CPC is about the plaint or written submission. Stated that plaint is the statement
containing a complaint or allegation and seeking remedy agreed those allegation or complain.
Plaint has not statutory definition. It means nothing more than a private memorial tendered to
court in which a person set forth his cause of action .the exhibition of an action in writing.
The plaint should contains the fact constituting the cause of action and the time when it arose
of claim in writing in field .hence plaint is a statement by the plaintiff in which he sets out his
cause of action with all necessary particulars .it is statement of claim and demands in
writing . A „plaint‟ is the process by which proceeding in the court is a plaint .a plaint is
statement in the writing of a cause of action in which the relief claimed is set out in detail.
Section 26 of the code of civil procedure provides that every suit shall be instituted by the
presentation of plaint or in such other manner may be prescribed .in every plaint, facts shall
be proved by affidavit Order VII of the CODE OF CIVIL PROCEDURE deals with the plaint
according to RULE 1 of ORDER of the CPC,A plaint shall contain the following nine
particulars Plaints and its particulars.
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;
h) were the plaintiff has allowed a set off or relinquishing 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 purpose of the jurisdiction
and court fee, so far as the case admit. Plaints and its particulars.
In the money suits: as per the RULE 2 ORDER VII of the CPC, were the plaintiff seeks the
recovery of money ,the plaintiff shall state the precise amount claimed. But were the plaintiff
sues for mesne profits or for amount which will found due to him on talking unsettled
account of him and the defendant or for movable in the possession of the defendant ,or for
debts of which the value he cannot after the exercise of the reasonable diligence, estimate the
plaintiff shall state approximately the amount or value sued for.
Suits of immovable property: according to RULE 2 ORDER VII of the CPC, were the
subject matter is immovable property, the plaintiff shall contains a description of the property
sufficient to identify it and in case such property is identify by boundaries or number in a
record in a record of settlement or survey the plaintiff shall specify such boundaries or
numbers.
Representative suits: RULE 4 of ORDER VII of the CPC provide that were the plaintiff
sues in a representative character the plaintiff shall show not only that he has an actual
existing interest in the subject matter, but that he has taken the step(if any) necessary to
enable him to institute a suit concerning it.
1) The plaintiff shall show that the defendant is or claims to be inserted in the subject matter
and that he is liable to be called upon the answer the plaintiff‟s demand [RULE 5 of ORDE
VII of the CPC]
2) Were the suit is instituted after expiration of the prescribed period by the law of limitation,
the plaint shall show the ground upon which exemption from such law is claimed [RULE 6 of
ORDER VII of the CPC]
3) every paint shall state specifically the relief which the plaintiff claim either simply or in
the alternative and it shall not be necessary to ask general or other relief which may always
be given as the court may think just to the same extent as if it had been asked for [RULE 7 of
ORDER XII of the CPC]
4) were the plaintiff seeks the relief in respect of several distinct claims or causes of action
founded upon the separate and distinct ground, they shall be stated as far as may be,
separately and distinctly [RULE 8 of the ORDER VII of the CPC] .
(i) Heading:
Every plaint should be headed with the name of the Court in which the suit is brought.
Where it is necessary to state the particular jurisdiction of the Court in which the suit is
brought, the said jurisdiction ought to be stated below the name of the Court. Thus, where a
suit is brought in a subordinate Civil Court the heading should be:
But where it is necessary to state the particular jurisdiction of the Court, the heading should
run as follows:—
"In
The
Supreme Court"
"Original Jurisdiction";
Or
or
'Admiralty Jurisdiction
or
'Matrimonial Jurisdiction'
or
The suit is serially numbered after the plaint is presented the practice of the Subordinate Civil
Courts for the plaintiff to the name of the Court the nature of the suit and the year of the
blank space for the number of the suit to be filled up, e.g.
In the plaints on the original side of the High Court and the Su Court, only the number of the
suit with the year to be stated.'
ii) Title
a)Name of the parties: Then at the head of each plaint, the name of every plaint, and every
defendant as far as it can be ascertained, must be set out. The name together with the
description, and place of residence or business are| title or, the 'cause-title' of the suit. Under
the rules of the Supreme Court full names of both the plaintiff and the defendant must be
given. If the plaintiff is unable to give the full name of the defendant, it is better to state in the
body of the plaint that, inspite of his best endeavour, the plaintiff could not ascertain the full
name of the defendant. If there are two or more plaintiffs or two or more defendants, it is
convenient to number them serially and arrange them in the order convenient for the
presentment of the case.
A Corporation must sue or be sued in its full corporate name. Party may sue or be sued in the
firm name. Any person carrying on business in a name or style other than his own name, may
be sued in such name or style as if it were a firm name. The name of the next friend or
guardian of a minor or a person of unsound mind should be mentioned in the cause-title.
b)Description and place of residence of the parties: Every plaintiff and every defendant
should be so described in cause-title as to identify him. The term 'description’ includes age,
father's name, caste etc Plaints and its particulars. To describe the plaintiff as residing in
particular area of a town is not sufficient description of his residence. The full particulars of
address containing the house number, street number, me of the area , the name of the village
or the town or city with the pin code number any particulars as to father’s name caste. Thus
Resident of 7
Rajahmundry …………………plaintiff
Vs.
Resident of 15,
Danwaipet
Rajahmundry …………………
defendant
1) Union of India
3) A.B. (add description and residence), duly authorised by CD, a soldier (sailor or
airman, as the case may be) actually serving at..................
9) A.B., Official Assignee, and the assignee of the estate and the effects of C,
insolvent.
10) The A.B. Company Ltd., having its registered office at……………
In the body of the plaint, the plaintiff states about his claim and other matter which he is
legally required to state. It is drawn up in the narrative form in the third person and divided
into small paragraphs, each containing ordinarily one fact only. They should be consecutively
numbered dates and number should be expressed in figure.
(a)beginning:
The body of the plaint begins with the word, ”the above named plaintiff states as follow:, or
the plaintiff states as follow.
It is permissible and customary to mention in the first paragraph of the plaint an introductory
and prefatory averments 'stating who the parties are, what business they carry on, how they
are related or connected, and other surrounding circumstances leading up to the dispute'.
These are called matters of inducement; they are useful because they explain what follows,
though they are not essential to the cause of action. In any case they should be stated as
concisely as possible.
Next, the facts constituting the cause of action must be stated in the plaint. 'Cause of action'
means the cause or the set of circumstances which lead to a suit. The term 'cause of action1 as
used in the Court means every fact which is necessary for the plaintiff to prove in order to
entitle him to a decree in a suit if traversed on his pleading. It does not, however, comprise
every piece of evidence which is necessary to prove each fact, but every fact, which is
necessary to be proved to entitle the plaintiff to a decree. It is, in other words, a bundle of
essential facts which is necessary for the plaintiff to prove before he can succeed in the suit.
The cause of action is antecedent to the institution of the suit, and every plaint must disclose a
cause of action when alone the Court will be able to proceed to a determination of the
dispute. In Sidrannappa v.Rajashetty, the Supreme Court has held that it is not only
necessary that the facts which entitled the plaintiffs to the right to claim must be the same but
that infringement of his right at the hands of defendant must be the outcome of the same
transaction. The first principle with regard to cause of action in framing a suit is that as far as
practicable,. it should be so framed as to afford ground for final decision of the subjects in
dispute and to prevent further litigation concerning them [Rule 1 of Order H of the CPC]. The
second principles being analogous to the first is directed against splitting up a cause of action.
It requires that every suit shall include the whole of the claim which a plaintiff is entitled to
make in respect of a cause of action [Rule 2 of Order II of the CPC]. The cause of action is
distinguishable from the transaction giving rise to it. One transaction may give rise to several
causes of action and the law does not require that all such causes of action must be joined in
one suit. However, the plaintiff is at liberty to unite in one suit as many causes of action
against a defendant as he likes. Where the plaintiff seeks relief in respect of several distinct
causes of action founded upon separate and distinct grounds, they shall be stated as far as
may be separately and distinctly. Where the plaintiff seeks the recovery of money, the plaint
shall state the precise amount claimed. But where the plaintiff sues for mesne profits or for an
amount which will be found due to him on taking unsettled accounts between him and the
defendant, the plaint shall state approximately the amount sued for [Rule 2 of Order VII of
the CPC]. | Where the subject-matter of the suit is immovable property, the plaint shall
contain a description of the property sufficient to identify it, and, in case such property can be
identified by boundaries or numbers in a record of settlement of survey, the plaint shall
specify such boundaries or numbers [Rule 3 of Order VII of CPC].
Rule 1(e) of Order VII of the CPC requires that particulars of facts constituting the cause of
action and when it arose should be given. Hence, it is necessary for the plaintiff to state
specifically when the cause of action for the suit arose. This is intended to enable the Court or
the defendant to ascertain from the plaint whether there is a cause of action and whether it is
not barred by the law of limitation. The date of the cause of action should be actually given.
The Code of Civil Procedure does not lay down any law as to the date of the accrual of the
cause of action. The date of the accrual of the cause of action means the date of that event
which makes the cause of action for the suit complete, to be more Practical the date of that
event which gives the plaintiff right to suit e.g. in case of breach of contract, the date of the of
the contract. It is not always easy to determine on which date the cause 0f action for a suit
arose. Some typical instances of accrual of cause of action are as follows:
(i)In the suit for damages for breach of contract, the cause of action arises on the date of
breach.
ii) In suits for damages for tort, the cause of action arises on the date when the tort was
committed.
iii) In suits for ejectment, the cause of action arises on the date on which plaintiffs right to
sue accrued.
iv) In suits for possession of property alienated by Hindu widow the cause of action arises on
the date of death of the widow.
v) In the suit for money due on pronote, the cause of action arises on the date of the pronote.
vi) In suits on series of loan, the cause of action arises on the day each loan is taken. When
the plaint does not specify the date when the cause o action arose, it is the duty of the Judge
to find out from facts stated in the plaint as to when the cause of action arose.
Even where the plaint states the date of cause of action, the plaintiff cannot be tied down to
the said date, and the Court is entitled to determine the date on which the cause of action
arose from the facts alleged and proved.
It is not necessary to mention in every plaint in a suit that suit is within the period of
limitation prescribed by the law limitation, except where the suit is prima facie barred by
limitation and there are some facts on the basis of which the plaintiff claims that the suit is
within limitation. Rule 6 of Order VI of the CPC provides that where the suit is instituted
after the expiration the period prescribed by the law of limitation, the plaint shall show| the
ground upon which exemption from such law is claimed. For example were the day on which
limitation expires is a holiday and the suits is filled on the next working day, the plaintiff may
state this fact in the plaint.
(f) The facts showing that the Court has jurisdiction: Sections 15 to 20 and Clause (f) of Rule
1 of Order VII of the CPC states that the plaint shall contain the facts showing that the Court
has jurisdiction. The plaintiff must plead facts showing that the Court has jurisdiction
pecuniary, territorial and over the subject-matter. If the jurisdiction depends upon the place
where the cause of action arose either wholly or in part, the plaintiff must plead facts showing
that the cause of action arose partly or wholly within the jurisdiction. If plaintiff relies upon
the defendant's residence or place of business as giving jurisdiction, the fact that the
defendant's place of residence or place of business is within the jurisdiction should be stated
in the body of the plaint. Generally speaking, this paragraph should be framed in any one of
the following ways, as the case may be:—
"The property in respect of which this suit is brought lies within the jurisdiction of the
Court" (or "The bond was executed and money borrowed at .............. within the jurisdiction
of the Court"(or) "The money payable under the contract was made payable at within the
jurisdiction of this Court" (or)
"The defendant caused the wrong complained of in this plaint at within the jurisdiction of this
Court".
Every suit shall be instituted in the Court of the lowest grade competent to try it [Sec. 15 of
the CPC]. Subject to the pecuniary or other limitations prescribed by any law, suits,—
c) for foreclosure sale or redemption in the case of a mortgage of or charge upon immovable
property;
f) for the recovery of movable property actually under attachment; shall be instituted in the
Court within the local limits of whose jurisdiction the property is situate: Provided that a suit
to obtain relief respecting, or compensation for wrong to, immovable property held by or on
behalf of the defendant may, where the relief sought can be entirely obtained through his
personal obedience, be instituted either in the court within the local limits of whose
jurisdiction, the property is situated, or it can also be filed in the Court within the local limits
of whose jurisdiction the defendant actually and voluntarily resides or carries on the business,
or personally works for gain.
3) Where a suit is to obtain relief respecting, or compensation for wrong to, immovable
property situate within the jurisdiction of different Courts, the suit may be instituted in any
Court within the local limits of whose jurisdiction any portion of the property is situate:
Provided that, in respect of the value of the subject-matter of the suit, the entire claim is
cognizable by such Court. [Sec|17 of the CPC].
4) Where it is alleged to be uncertain within the local limits of the jurisdiction of which of
two or more Courts any immovable property is situate, any one of those Courts may, if
satisfied that there is ground for the alleged uncertainty, record a statement to that effect and
thereupon proceed to entertain and dispose of any suit relating to that property, and its decree
in the suit shall have the same effect as if the property were situate within the local limits of
its jurisdiction.
(h) Relief or the prayer: According to Rule 1(g) of Order VII of the CPC the plaint shall
contain the relief which the plaintiff claims. In a civil suit different kinds of reliefs can be
claimed e.g. recovery of debt, damages, possession of a declaration of title to immovable
property, declaration of any right specific performance, injunction, rendering of account,
appointment of receiver etc. In a plaint, the plaintiff may claim any one or more of such
reliefs either simply or in the alternative. The reliefs claimed cannot be supplemented by oral
prayer nor can a Court allow more than the claimed. Where any plaintiff omits to state any
relief he will have to make an application for amendment within the period of limitation for
adding that relief. Under Rule 2 of Order II of the CPC, if a plaint can claim more than one
relief on the same cause of action, he must claim ail, otherwise he shall not be entitled to
bring a new suit for the omitted relief unless the omission in the first suit was with the leave
of the Court. The only exemption is in respect of a mortgage suit where a suit for sale may be
brought later though the previous suit was for personal decree only under Rule 14 of Order
XXXIV of the CPC. It is not necessary to ask for general or other relief which may always be
given as the Court may think just to the same extent as it had been asked for. Where the
plaintiff claims more than what he is entitled to, the Court will not dismiss the suit but give
the plaintiff only such relief as he is entitled to. Where the plaintiff claims less than what he
is entitled, the Court will not grant him any relief he has not specifically claimed unless the
plaint is amended before the judgment. But the Court should not refuse to grant a relief not
specifically claimed in the plaint, if such relief is obviously required by the nature of the case.
(iv) Last part of the Plaint: Signature and verification: Order VI, Rule 14 of the Civil
Procedure Code provides that every plaint (pleading) shall be signed by the plaintiff and his
advocate. Where a plaintiff is illiterate and cannot make signature, he may put his thumb
mark on the plaintiff. But where a plaintiff is, by reason of absence or for any other good
cause, unable to sign the plaint it may be signed by any person duly authorised by him to sign
the same or to sue on his behalf. The signature of the plaintiff should be under the body of the
plaint should be like the following:
Xxx
signature
plaint drawn by
xxx
A. B. s/o B. C.
M. N. s/o O. P.
Inducement:
(4) The boundaries of the plot is as under: East: Road West: Plot number 124 North: Road
South: Colony wall
(4) The total value of the plot to be paid by the plaintiff to the respondent, as agreed upon
in the contract, is Rs. 40,000/-.
(5) The respondent accepted a payment of 10,000/- though Check No. 123 of SBI, Indore
Branch at the time of making the contract and promised to do registry upon payment of
remaining amount of 30,000/-
(5) The plaintiff tried to pay the remaining amount on several occasions by cash as well
as check but the respondent refused to take the payment.
(6) The plaintiff also sent a notice about the same to the respondent on 10/10/2009.
(7) The plaintiff is ready to pay the remaining amount of Rs 30,000/- but the respondent
is not willing to transfer the said plot.
(8) The cause of action for the present suit first arose on 10/10/2009, when the respondent
refused to convey the said property as per the terms of the agreement and hence, the suit
filed today is within time.
Valuation:
( 9) The suit is valued for the purpose of jurisdiction and court-fee at Rs. 30000/-.
Jurisdiction:
(10) The plot is located in Indore, which is within this court's territorial jurisdiction.
(11) The value of the contract is 40,000/- which is within this court's pecuniary
jurisdiction.
Relief Claimed:
3. the respondent be ordered to pay compensation for mental harassment, loss of wages,
and cost of this litigation.
Date: …………………..
YYY
Advocate
Verification
I, ______, do hereby solemnly verify that the contents from paragraph 1 to 4 are correct
and true to the best of my knowledge and contents from para 5 to 12 are based on legal
advice, which I believe to be correct. Affirmed at Indore this 4th Day of September 2009.
(Signature) Plaintiff.
CONCLUSION
A plaint‟ is the process by which proceeding in the court is a plaint .a plaint is statement
in the writing of a cause of action in which the relief claimed is set out in detail. Section
26 of the code of civil procedure provides that every suit shall be instituted by the
presentation of plaint or in such other manner may be prescribed .in every plaint, facts
shall be proved by affidavit Further the plaint meant to give fair information about once
case to opponent. To provide a brief summary of the case and to assist the court to decide
the dispute effective.
BIBLIOGRAPHY
BOOKS :
Odger, W.B; The Principles Of Procedure, Pleading and Practice; 5th Edn.
Dr. Srivastava, K.K; The Law of Pleadings, Drafting and Conveyancing; Central Law Agency
7th Edn. (2012)
WEBSITES ACCESSED :
https://sites.google.com/site/sarinadvocate/drafting-and-pleading
http://msmlawfirm.wordpress.com/2009/11/01/law-of-pleadings-in-relation-to-the-
indianjudicial-system/
http://www.legalservicesindia.com/article/article/amendment-to-pleadings-and-the-approachof-
the-judiciary-1427-1.html