Plaint under CPC 1908

Plaint under CPC, 1908: All You Need to Know

This article on ‘Plaint under CPC, 1908: All you need to know‘ was written by an intern at Legal Upanishad.

Introduction

The Code of Civil Procedure or commonly known as CPC is procedural law that governs and administers civil proceedings in India. It can be classified into two parts which are Substantive Law and Procedural Law. Substantive law defines what constitutes facts or liabilities of a case. It states what rights and liabilities the citizens have. Procedural law lists down the procedure which is to be followed in order to enforce these rights.

The CPC also mentions the concept “Plaint”. This article will contain various things like the concept of Plaint, contents that are necessary in a Plaint, reasons for rejection of a plaint, a few cases where a plaint was rejected, and other aspects of a plaint under CPC.

What is a Plaint under CPC?

A plaint is a legal document that has the contents of a civil case or suit which shows the aggrieved person’s or Plaintiff’s written claims. It is the first step in a civil lawsuit. Through a plaint, the problems of the plaintiff are conveyed. The plaintiff also describes the possible causes of action which can arise out of a suit, as well as other relevant information which can be essential. A plaint that contains all the information from facts to remedy is then presented to a civil court according to its jurisdiction.

The cause of action is divided into two parts. The first part is the legal theory in which the plaintiff describes the situation based on facts and how he has suffered from that situation. The second part is the relief or compensation that the plaintiff is seeking from the court.

A plaint under CPC is considered very important as it is the first step in initiating a lawsuit and because it contains all the relevant details according to the case. A plaint under CPC can sometimes decide the outcome of a lawsuit.

Necessary Contents of a Plaint

As mentioned before a plaint under CPC has a lot of important details required to file a suit. If these details are missing, they cannot be called a plaint. Below are the necessary details mentioned in Rules 1 to 8 of Order VII, Code of Civil Procedure:

  1. Court name where the suit is filed
  2. It should contain Plaintiff’s residential details like name, place, and description
  3. It should also contain the defendant’s residence details.
  4. If either the plaintiff or the defendant is unable to comprehend basic details of the case or in other words, they have any mental disability, it should be mentioned in the plaint
  5. If any party is minor, it should be mentioned as well
  6. The facts which led to the cause of action and when it occurred
  7. The plaint should also point out facts that help in recognizing its jurisdiction
  8. The relief that the plaintiff is seeking from the court
  9. Any amount which is given or given up by the plaintiff 
  10. A statement that contains the value of the subject matter of the suit as admitted by the case.

Additional Information required

  1. Rule 2 of Order VII says that the plain should mention the exact amount of money to be claimed from the defendant. It should contain an approximate amount if the exact amount cannot be calculated.
  2. Rule 3 states that if the cause of the dispute is an immovable property, the property should be described properly so that it could be identified in an ordinary course.
  3. If the suit has been initiated by the plaintiff in a representative capacity, he/she must show that they have sufficient interest in doing the same.
  4. The plaint should show enough reason for involving the defendant and their interest.
  5. If the suit is filed after the period of limitation has expired, the plaintiff has to show the reason for the same

Signature and Verification

The plaintiff has to sign the plaint at the end of it. If the plaintiff cannot do the same due to a legitimate reason, any authorized representative of the plaintiff can also sign. The plaint has to be duly verified by the plaintiff. If he/she cannot do it, any representative can do it. If a plaintiff cannot understand the language of a plaint, it has to be translated to them, and only after that the plaint can be signed by the plaintiff and get it verified by the Oath Commissioner.

Return of plaint

Rule 10 of Order VII states that the plaint will have to be returned if the court is not able to entertain it or if it the court does not have any jurisdiction over the plaint under CPC.

Dismissal of a plaint

If the plaint needs to be returned to the parties after the rejection by the court, the court must give a date and place where the parties need to appear. If the court does have jurisdiction over the plaint, it has to be returned and not dismissed.

Rejection of a plaint

A plaint under CPC could be rejected for multiple reasons. Some of which are:

  1. A plaint could be rejected if the cause of action has not been disclosed.
  2. If the plaintiff’s claim is undervalued and the plaintiff has not corrected it even after the court has instructed to do so.
  3. If the plaintiff has not stamped sufficiently even after receiving instructions from the court to do the same.
  4. The plaint can also be dismissed if the suit is the result of a statement that has been barred by law.
Plaint under CPC 1908
Plaint under CPC 1908

Cases where the Plaint was rejected

Kalepu Pala Subrahmanyam vs Tiguti Venkata Peddiraju

In this, the judge ruled that a plaint could be accepted or rejected as a whole. It cannot be accepted partly and accepted partly. It is considered a landmark case with respect to the rejection of a plaint.

Kuldeep Singh Pathania vs. Bikram Singh Jarya

In this case, the court ruled that for an application under Order VII Rule 11(a) of the Code of Civil Procedure, only the plaintiff’s pleadings can be examined, and neither the written declaration nor the averments can be examined.

Conclusion

Plaint is a concept and its aim is to make the conflict and facts of the case absolutely clear. Since the plaint under CPC is one of the first things in a civil suit, it is very important that the facts and the claim are stated without making any mistakes. Any discrepancies or mistakes can cause the case to be dismissed immediately. However, the plaint under CPC has complicated the process and may make it difficult for ordinary people to initiate a legal redress suit. It is also a time-consuming procedure, which makes individuals unhappy with the notion of a complaint.

References

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