In today’s world crime is increasing day by day, If we talk about India’s crime rate there’s an increase of 1.5% from 2018-2019 whether it’s Criminal or Civil in nature. In this situation, the victim takes the help of the law by knocking on the doors of the court in order to seek relief or justice. But there’s a defined procedure which has to be followed if we file a suit or in layman language we can say case either of criminal or civil nature which is defined under Code of Criminal Procedure, 1973 and Code of Civil Procedure, 1908 respectively. There’s a minor difference between civil and criminal cases is that in civil cases the punishment is in the form of compensation or in monetary terms but in criminal cases, the punishment is in the form of imprisonment or death or fine or both imprisonment and fine.
While filing a civil suit, there’s a proper procedure defined that has to be followed, If the procedure is not followed then the suit may be dismissed. All the steps in the procedure are important but there’s a very important step without which a suit cannot be commenced and that steps are filing of the plaint, therefore we will be discussing the plaint that basically what a plaint is; how it is written or drafted and etc., all the concepts related to plaint will be discussed.
Plaint is nowhere defined in the Code of Civil procedure, 1908 but if we still want to define it then, A plaint is a legal document that contains the concept 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 procedure of drafting, filing, and rejection of plaint is defined under ORDER VII of the CPC. Let’s Study all the rules given under Order 7 in brief :
- ORDER 7 RULE 1: This states that if the following particulars are not mentioned in the plaint then the Plaint will be rejected:
- The name of the court in which the suit is brought;
- Names, place, description of the place of residence of the plaintiff;
- Names, place, description of the place of residence of the defendant;
- A statement is mentioned if the plaintiff is minor or is of unsound mind;
- Facts constituting the cause of action and when it arose;
- Fact showing that the court has the jurisdiction to try the matter;
- The relief which the plaintiff wants to claim
- Whether the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed or relinquished; and
- A statement of the value of the subject matter of the suit for the purpose of the jurisdiction and court fees, so far as the case admits.
- ORDER 7 RULE 2: This states that if the suit is money related then the plaintiff has to mention the claimed amount in a precise manner, But if the suit is of mesne profit or for recovery of an unsettled amount of movable property that’s in the possession of the defendant and that amount cannot be calculated then the plaintiff need to mention the approximate amount in the plaint.
- ORDER 7 RULE 3: This states that if the subject matter is the immovable property then the plaintiff needs to mention the description of the property so that it can be easily identifiable or if the property is identifiable by the boundary or the number then the boundary or number needs to be mentioned in the plaint.
- ORDER 7 RULE 4: This states that if the plaintiff sues as the representative then the plaintiff needs to mention not only the subject matter but also the steps which had been taken to institute the suit.
- ORDER 7 RULE 5: This states that Plaintiff needs to mention the defendant’s interest and claim if there any exist and also if the defendant is liable to answer any claim of the plaintiff.
- ORDER 7 RULE 6: This states that if the plaintiff has instituted the suit after the expiration of the limitation period prescribed in the limitation act then the plaintiff needs to mention that ground on which the plaint should be exempted from the limitation, Provided that if the ground has not defined that it’s the discretionary power of the court to permit the plaint.
- ORDER 7 RULE 7: This States that the plaint should specify the claim either simply or alternatively. This rule will also be applied to the Written Statement of the defendant.
- ORDER 7 RULE 8: This states that if the relief is claimed is based on the different cause of action or grounds then the plaintiff needs to state each ground specifically.
- ORDER 7 RULE 9: This states that when the court summons the defendant as per ORDER 5 RULE 9, Court will direct the plaintiff to send the copies of the plaint to all the defendant within the 7 days from the date of order along with the requisite fees for the service of summoning on the defendant.
- ORDER 7 RULE 10: This states that if the plaint is presented in that court which doesn’t have the jurisdiction to try that matter then it’s the responsibility of the court to return the plaint and ask the plaintiff to institute it in the proper court.
- ORDER 7 RULE 10: This states that on returning the plaint judge needs to mention the date on which it is presented and returned, the name of the party, and the reason on which the plaint is returned.
- ORDER 7 RULE 10A: This states that inCourt needs to notify the plaintiff if the court is going to return the Plaint [2a] Then the plaintiff can present an application to the court who is returning the plaint specifying the court name in which he proposes to present the suit [2b] and request the court to fix the date for the appearance of the parties [2c] also request the court to provide the notice for that date fixed to both plaintiff and defendant. After receiving the application the court can fix the date of appearance and provide notice to both the notice mentioned in sub-rule.[4a] It’s necessary for the court to summon the defendant for the appearance on the date fixed under sub-ruleuntil and unless there’s a specific reason [4b] but if the notice is provided to the defendant by the court who is returning the plaint than that notice will be considered as a summon.[4c] If the court accepts the application-defined under sub-rule then the plaintiff is not entitled to appeal the returning of the plaint.
- ORDER 7 RULE 10B: This states the power of the appellate court to transfer the suit to the proper court.
- ORDER 7 RULE 11: This states that the plaint can be rejected on the following grounds :
- Cause of Action is not mentioned;
- If the relief is undervalued and the court asked the plaintiff to correct the value within the prescribed time fixed by the court but the plaintiff failed to do so;
- The relief claimed is properly valued but stamp paper is insufficient, therefore court ask to file it again within the time period but the plaintiff failed;
- If the statement mentioned in the plaint is barred by the law;
- If the plaint is not the duplicate copy which is mentioned under ORDER 4;
- When the plaintiff fails to comply with the provision of rule 9.
Provided that if the plaintiff fails to time rectify the value of the property and to supply the proper stamp paper court may reject the plaint but if there is sufficient cause that delays the filing of the plaint and court though that if the time is not extended this would lead to injustice with the plaintiff, the court may extend the time for the same.
- ORDER 7 RULE 12: It is stated that if the court rejects the plaint then the court has to pass an order containing the reasons for the rejection.
- ORDER 7 RULE 13: It is stated that since the plaint is rejected that doesn’t mean that plaintiff cannot file a fresh plaint, the plaintiff has the full right to file a fresh plaint.
- ORDER 7 RULE 14: It is stated that if the plaintiff relies on any of the document which is in the favor of his claim, then the plaintiff has to prepare the list of all evidence and that list should be presented before the court.
- ORDER 7 RULE 14: This states that the document which is not in the possession of the plaintiff needs to mention that also in the plaint.
- ORDER 7 RULE 14: This States that if the document is to be presented in the court by the plaintiff but the plaintiff fails to list all the documents in the list then the court will not allow presenting the documents in the court.
- ORDER 7 RULE 14: This states that this rule will not apply to a document that was produced for the cross-examination of the plaintiff witnesses, or to refresh the memory of the witness.
These are the most important rules under this order, From Rule 15 – Rule 18 are less important and can be referred from the bare act or the internet.
I hope this article throws light on this order, This is a self-explanatory article for more reference you can refer to the bare acts or the internet.
If there’s any query regarding this order you can post it in the comment.
PLAINT FORMAT AS PER CPC, 1908
IN THE COURT OF
CIVIL SUIT No. OF 20XX
IN THE MATTER OF:
- Plaintiff Mr. ……………….. S/O, W/O, F/O ……………………………………. residing at …………………………………………………………………………………
- Defendant Mr. . ……………….. S/O, W/O, F/O ……………………………………. residing at ………………………………………………………………………
- All the Facts needs to be mentioned
- The premises in the suit are situated at [Place] court within the jurisdiction limits of territorial jurisdiction of this Hon’ble Court. Therefore, this Hon’ble court possesses the territorial jurisdiction to entertain and try the present suit.
- The present suit is filed within the period of the limitation period provided under the Limitation Act, 1963
It is, therefore, most humbly prayed before this Hon’ble Court may be pleased to:
- Pass a decree in favor of the plaintiff and against the defendant [ MENTION ALL THE REASONS]
- Award the costs of the present suit in favor of the plaintiff and against the defendants.
- Pass such other order as this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case.
[NAME OF THE ADVOCATE]
Advocate for plaintiff
Place : [where the suit has to be instituted]