Introduction

The expression plaint has not been defined in the Code of Civil Procedure, 1908 (CPC). It can be said to be a statement of claim, a document by presentation of which the suit is instituted. Its object is to state the grounds upon which the assistance of the court is sought by the plaintiff.

• Order VII of CPC contains the provision in relation to plaint.

Rules Regarding the Plaint

• Rule 1 of Order IV lays down that a plaint is to be presented in duplicate to the Court or such officer as may be appointed by the Court.
• Every plaint shall comply with the rules contained in Orders VI and VII of CPC.
• A suit is instituted when the plaint is presented and not when the suit is registered.

Particulars to be Contained in a Plaint

• Rule 1 of Order VII deals with the particulars to be contained in a plaint. It states that -
  • The plaint shall contain the following particulars: —

(a) The name of the Court in which the suit is brought.

(b) The name, description and place of residence of the plaintiff.

(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.

(e) The facts constituting the cause of action and when it arose.

(f) The facts showing that the Court has jurisdiction.

(g) The relief which the plaintiff claims.

(h) Where the plaintiff has allowed a set-off or relinquished 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 purposes of jurisdiction and of court fees, so far as the case admits.

Relief to be Specifically Stated in a Plaint

• As per Rule 7 of Order VII, every plaint shall state specifically the relief which the plaintiff claims either simply or in the alternative, and it shall not be necessary to ask for 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.
• As per Rule 8 of Order VII, where the plaintiff seeks relief in respect of several distinct claims or causes of action founded upon separate and distinct grounds, they shall be stated as far as may be separately and distinctly.

Procedure on Admitting Plaint

• As per Rule 9 of Order VII, where the Court orders that the summons be served on the defendants in the manner provided in Rule 9 of Order V, it will direct the plaintiff to present as many copies of the plaint on plain paper as there are defendants within seven days from the date of such order along with requisite fee for service of summons on the defendants.

Return of Plaint

• Rule 10 deals with the return of plaint. It states that -

(1) Subject to the provisions of rule 10A, the plaint shall at any stage of the suit be returned to be presented to the Court in which the suit should have been instituted.

Explanation. — For the removal of doubts, it is hereby declared that a Court of appeal or revision may direct after setting aside the decree passed in a suit, the return of the plaint under this sub-rule.

(2) Procedure on returning plaint —On returning a plaint, the Judge shall endorse thereon the date of its presentation and return, the name of the party presenting it, and a brief statement of the reasons for returning it.

Rejection of Plaint

• Rule 11 deals with the rejection of plaint. It states that -
  • The plaint shall be rejected in the following cases: —

(a) where it does not disclose a cause of action.

(b) where the relief claimed is undervalued, and the plaintiff, on being required by the Court to correct the valuation within the time to be fixed by the Court, fails to do so.

(c) where the relief claimed is properly valued, but the plaint is returned upon paper insufficiently stamped, and the plaintiff, on being required by the Court to supply the requisite stamp-paper within a time to be fixed by the Court, fails to do so.

(d) where the suit appears from the statement in the plaint to be barred by any law.

(e) where it is not filed in duplicate.

(f) where the plaintiff fails to comply with the provisions of rule 9.

Provided that the time fixed by the Court for the correction of the valuation or supplying of the requisite stamp-paper shall not be extended unless the Court, for reasons to be recorded, is satisfied that the plaintiff was prevented by any cause of an exceptional nature from correcting the valuation or supplying the requisite stamp-paper, as the case may be, within the time fixed by the Court and that refusal to extend such time would cause grave injustice to the plaintiff.

Procedure on Rejecting Plaint

• As per Rule 12 of Order VII, where a plaint is rejected, the Judge shall record an order to that effect with the reasons for such an order.

Case Laws:

• In Mayar H.K. Ltd. v. Owners & Parties, Vessel M.V. Fortune Express (2006), the Supreme Court held that the grounds for rejection of plaint specified in Rule 11 of Order VII of CPC are not exhaustive.
• In Sopan Sukhdeo Sable v. Asst. Charity Commr. (2004), the Supreme Court held that a plaint cannot be rejected in part and retained in part. It should be rejected as a whole.