Introduction

If you’ve ever thought why this concept of plaint comes into the picture and what are the benefits &
why this plaint is necessary, here‘s everything you need to know. This whole article on sample
plaints deals with the concept of ‘Plaint’ according to the provision of law and what are the necessary
contents which are required to be there in plaint. This article also deals with the other aspects of
plaint like common mistakes made in the plaint and some tips to write a proper plaint according to
the provision of CPC.

Plaint
A Plaint is a legal document that contains the content of any civil suit which shows the Plaintiff’s
claim after filing suit. The plaint is the first step of the Plaintiff in the form of a legal document for
the commencement of suit and it shows what a Plaintiff wants from that suit. The concept of a plaint
is mentioned in the Civil Procedure Code. Through the help of plaint, the plaintiff narrates or
describes the cause of action and related information which is considered as essential from the
viewpoint of the suit.

In the case of plaint, the cause of action consists of two divisions, first is the legal theory (the factual
situation based on which the plaintiff claims to have suffered) and second is the legal remedy that the
plaintiff seeks from the court. A plaint is considered an important concept because it is the foremost
and initial stage to initiate any lawsuit and helps to find a civil court of appropriate jurisdiction.

Order VII of the Code of Civil Procedure deals, particularly with plaint. In Order VII of CPC, there
are many different rules which deal with different constituents of plaint. Rules 1 to 8 deal with the
particulars of the plaint. Rule 9 of CPC deals with how the plaint will be admitted and after that Rule
10 to 10-B talks about the return of the plaint and the appearance of parties. And the main Rules
i.e 11 to 13 deal with the rejection of the plaint and in which circumstances the plaint can be
rejected.

Section 26 of the Code of Civil Procedure states “Every suit shall be instituted by the presentation of
a plaint or in such other manner as may be prescribed.” This section clearly shows that plaint is very
much necessary for the establishment of a suit before the civil or commercial court.

Necessary Contents of A Plaint

A plaint is a legal document that contains a lot of necessary contents in the absence of which, it
cannot be considered as a plaint. The contents necessary for a plaint are mentioned in Rules 1 to 8 of
Order VII of CPC. These are mentioned below:

 Plaint should contain the name of the commercial or civil court where a suit will be
initiated.
 Plaint should contain details of the plaintiff such as the name, address, and description.
  Plaint should contain the name, residence, and description of the defendant.
 When a plaintiff has some defects or problems in health or any type of disability, the
Plaint should contain a statement of these effects.
 Plaint should contain the facts due to which cause of action arises and where the cause of
action arises it should also be mentioned.
 Plaint should not only mention facts due to which cause of action arises but also those
facts which help in recognizing the jurisdiction.
 Plaint should also contain about that relief which the plaintiff seeks from the court.
 When the plaintiff is ready to set off a portion of his claim, the Plaint should contain that
amount which has been so allowed.
 Plaint should contain a statement of the value of the subject-matter of suit not only for the
purpose of jurisdiction but also for the purpose of court-fees.
 At last, the content that should be on plaint is the plaintiff verification on oath.
This shows that the plaint is a necessary component for the successful initiation of suits in
commercial or civil courts and plays a very important role throughout the suit. Some additional
particulars which were not mentioned above include the following: Plaintiff shall state the exact
amount of money to be obtained from the defendant as given under Rule 2 of order VII whereas Rule
3 of order VII of CPC states that when the plaint contains subject matter of immovable property, then
the property must be duly described.

Rejection of plaint
The Plaint shall be rejected in certain situations when requirements are not fulfilled. Some of the
situations in which the plaint is rejected are as follows:

 The plaint is rejected in a case where the cause of action is not disclosed. If the cause of
action is not disclosed then it is not possible to prove the damage caused to the plaintiff.
To seek relief against the defendant, the facts need to be mentioned clearly. In the case
of Snp Shipping Service Pvt. Ltd. v. World Tanker Carrier Corporation, the plaint was
rejected and the suit dismissed under Order 7, Rule 1(a) of the C.P.C.,1908.

 The plaint is also rejected in a case where the plaintiff relief is undervalued and the
plaintiff is requested by the court to correct the valuation within the given time frame but
the plaintiff fails to do so.

 The plaint is rejected in a case where all the documents are not properly stamped and the
plaintiff on being required by the court to supply the required stamp paper within a time
to be fixed by court fails to do so.

 The plaint is mostly rejected due to the statement mentioned in the plaint secured by any
law or statute that doesn’t give any right to the plaintiff to file the suit.
  When a duplicate copy of the plaint is not submitted whereas it is mentioned that it is
mandatory to submit the duplicate copy then in that condition plaint is liable to be
dismissed.

 The plaint is rejected when the plaintiff fails to comply with the provisions of Rule 9 of
Order VII of C.P.C.

Provisions on the Rejection of Plaint under C.P.C.

As we have already said in what circumstances the plaint can be rejected and now what are the
provisions that are related to the rejection of the plaint under Code of Civil Procedure. Some of the
provisions regarding the rejection of a plaint are mentioned below:

1. Order VII Rule 12 of C.P.C states the procedure on rejecting the plaint so that it can be
used as a precedent for future cases.
2. Order VII Rule 13 of C.P.C states that rejection of the plaint does not stop the
presentation or filling of the fresh plaint.

Two modes which are mentioned to show the manner in which the plaint can be rejected:

1. The defendant has the right to file an application in the form of an interlocutory
application at any stage of proceedings for the rejection of the plaint.
2. Suo moto (on its own): The meaning of the suo moto itself defines the way of rejection of
the plaint. Suo moto rejection is under Order 7 Rule 11 which states Rejection of the
plaint. A court can itself try a suit under Order 7 Rule 11 if the plaint fulfills the
conditions discussed in the first point.

Conclusion
The plaint is a concept that emerged in the field of law for the better knowledge of the point of
conflict and facts so that effective and well-informed decisions can be delivered. The concept of
plaint is required in the commercial and civil matters which are dealt with by the commercial and
civil courts. But the plaint has increased the complexity of the process and may make it tough to file
the suit for legal remedy by the common people. It is also a time taking process due to which people
are dissatisfied with this concept of plaint.

Due to the presence of many orders and rules under the provision of the Code of Civil Procedure for
the regulation of plaint rejection, formation, and drafting of the plaint brings a lot of chaos in the civil
system.

In my opinion, a plaint helps in improving the knowledge of facts and points of conflict. However,
simplifying the regulations under the provisions of C.P.C will make it easier for a layman to file the
suit. Otherwise filing a plaint with a lot of regulation is quite difficult. So, instead of scrapping the
concept of plaints itself, the regulation under several provisions of the law should be reduced.