What Is a Plaint?
A plaint is the first pleading by the plaintiff in a civil suit. It states the facts of the case, the cause of action, jurisdiction, and the relief sought. The plaintiff uses it to set the legal process in motion. The CPC does not define the term formally, but it recognizes its role as essential.
Legal Framework under CPC
Order VII of the CPC outlines the format, structure, and grounds for rejection of a plaint. Rule 1 lists the required contents of a valid plaint. Rule 11 empowers the court to reject a plaint that lacks legal merit.
Essentials of a Plaint (Order VII Rule 1)
1. Name of the Court
The plaintiff must mention the court’s name that holds the authority to hear the suit.
Example: “In the Court of the Civil Judge, Nanded.”
2. Name, Description, and Address of the Plaintiff
The plaint must identify the plaintiff fully. This includes full name, occupation, and residential address.
3. Name, Description, and Address of the Defendant
Like the plaintiff, the defendant must be clearly identified to enable the court to issue summons.
4. Facts Constituting the Cause of Action
The plaint must present all material facts that gave rise to the suit. These facts should follow a logical order and support the relief claimed.
5. Facts Showing Jurisdiction
The plaint must include facts that establish the court’s territorial and pecuniary jurisdiction. For instance, if a contract was signed in Hyderabad and the defendant lives there, the local court has jurisdiction.
6. Relief Claimed
The plaintiff must clearly state the specific relief sought. If the relief involves recovery of money, the exact amount must be mentioned.
7. Valuation of Suit and Court Fee
The plaintiff must assign a monetary value to the suit and pay the court fee accordingly. This helps determine the court’s jurisdiction.
8. Statement of Limitation
The plaint must confirm that the suit falls within the prescribed limitation period. If filed late, the plaint must include reasons for the delay.
9. Verification
The plaintiff must sign and verify the plaint. This step affirms that the facts mentioned are true and correct to the best of their knowledge.
10. Statement of Truth / Affidavit (In Commercial Disputes)
In commercial cases, the plaintiff must file an affidavit under Section 26(2) CPC and Rule 15A of Order VI, declaring the truthfulness of the claims.
Why Courts Reject a Plaint (Order VII Rule 11)
The court will reject a plaint if:
- It fails to show a cause of action.
- It appears time-barred on the face of it.
- The relief sought is vague or not maintainable.
- The valuation is missing or incorrect.
- The suit is filed in the wrong court.
Key Judicial Precedents
T. Arivandandam v. T.V. Satyapal (1977)
The Supreme Court ruled that courts must reject meaningless or baseless suits at the earliest stage.
Sopan Sukhdeo Sable v. Assistant Charity Commissioner (2004)
The Court stressed the importance of stating material facts rather than legal arguments.
Saleem Bhai v. State of Maharashtra (2003)
The Court clarified that lack of jurisdiction or limitation can result in outright rejection.
Tips to Draft a Strong Plaint
- Use clear, concise sentences.
- Avoid legal jargon unless essential.
- Structure facts chronologically.
- Mention all relevant documents.
- Follow Order VI for general pleading rules.
How “Geographical Indications” Fit In
If the dispute involves goods with geographical indications, the plaintiff must mention this explicitly. It strengthens the claim, especially in commercial suits involving traditional or location-specific products.
Example: If a trader misuses the term “Darjeeling Tea,” the producer of GI-certified Darjeeling Tea may file a plaint highlighting the violation of their exclusive rights under the Geographical Indications Act.
Memory Code for 10 Essentials of a Plaint
Use the code: “CUP-FRILLS-V” to recall the essentials easily.
| Mnemonic | Essentials | Explanation |
|---|---|---|
| C | Court | Name of the court with jurisdiction |
| U | Plaintiff’s Details | Name, address, and description of plaintiff |
| P | Defendant’s Details | Name, address, and description of defendant |
| F | Facts of Cause of Action | Events that triggered the legal dispute |
| R | Relief Claimed | Specific remedies or relief sought |
| I | Jurisdiction | Grounds for court’s authority |
| L | Limitation | Suit filed within the time frame |
| L | Valuation and Court Fee | Value of suit and payment of fee |
| S | Signature and Verification | Signed by plaintiff or representative |
| V | Verification via Affidavit | Statement of truth (esp. for commercial cases) |
