CPC

How to write plaint for a suit

For filing a Suit in Civil Court or the Original side of the High Court or to the Supreme Court under Original Jurisdiction, it is required to file a plaint to the filing section of the court.

s 26 Institution of suits —(1) Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed.

(2) In every plaint, facts shall be proved by affidavit.

PLEADINGS GENERALLY [General Rules]- Order 6

Pleading. – “Pleading”, shall mean plaint or written statement.

2. Pleading to state material facts and not evidence

(1) Every pleading shall contain, and contain only a statement in a concise form of the material facts on which the party pleading relies for his claim or defnece as the case may be, but not the evidence by which they are to be proved.

(2) Every pleading shall, when necessary, be devided into paragraphs, numbered consecutively, each allegation being, so far as is convenient, contained in a separate paragraph.

(3) Dates, sums and numbers shall be expressed in a pleading in figures as well as in words.

Forms of pleading. – The forms in Appendix A when applicable, and where they are not applicable forms of the like character, nearly as may be, shall be used for all pleadings.

Particulars to be given where necessary

In all cases in which the party pleading relies on any misrepresentation, fraud, breach of trust, wilful default, or undue influence, and in all other cases in which particulars may be necessary beyond such as are exemplified in the forms aforesaid, particulars (with dates and items if necessary) shall be stated in the pleading.

Pleading to be signed – Every pleading shall be signed by the party and his pleader (if any)

14A. Address for service of notice — (1) Every pleading, when filed by a party, shall be accompanied by a statement in the prescribed form, signed as provided in rule 14, regarding the address of the party.

(2) Such address may, from time to time, be changed by lodging in Court a form duly filled up and stating the new address of the party and accompanied by a verified petition.

Verification of pleadings – (1) Save as otherwise provided by any law for the time being in force, every pleading shall be varied at the foot by the party or by one of the parties pleading or by some other person proved to the satisfaction of the Court to be acquainted with the facts of the case.
(2) The person verifying shall specify, by reference to the numbered paragraphs of the pleading, what he verifies of his own knowledge and what he verifies upon information received and believed to be true.

(3) The verification shall be signed by the person making it and shall state the date on which and the place at which it was signed.

(4) The person verifying the pleading shall also furnish an affidavit in support of his pleadings.

Plaint must be verified and and a supporting Affidavit be given to proof the facts in the plaint.

Order 7

PARTICULARS IN A PLAINT PLAINT

Particulars to be contained in plaint. – 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; and

(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(Rule-7) – 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. And the same rule shall apply to any relief claimed by the defendant in his written statement.

APPENDIX A

PLEADINGS

(1) TITLES OF SUITS

IN THE COURT OF

A.B. (add description and residence)… … …

Plaintiff

against

C.D. (add descritption and residence)

Defendant

(2) DESCRIPTION OF PARTIES IN PARTICULAR CASES

[The Union of Inida or the State of , as the case may be.]


The Advocate General of


The Collector of


The State of


The A.B. Company, Limited having its registered office at


A.B., a public officer of the C.D. Company.


A.B. (add description and residence), on behalf of himself and all other creditors of C.D., late of (add description and residence).


A.B. (add description and residence), on behalf of himself and all other holders of debentures issued by the Company Limited


The Official Receiver


A.B., a minor (add description and residence), by C.D. [or by the Court of Wards], his next friend.


A.B. (add description and residence), a person of unsound mind [or of weak mind], by C.D. his next friend


A.B., a firm carrying on business in partnership at


A.B. (add description and residence), by his constituted attorney C.D. (add description and residence)


A.B. (add description and residence), shebait of Thakur


A.B. (add description and residence), executor of C.D., deceased.


A.B. (add description and residence), heir of C.D., deceased.

Plaint for Money Lent

In the Court of ……..

AB

vs

XY

A.B., the above-named plaintiff, states as follows :

On the . . . . . . . . . . . . . . . . . . day of 20 . . . . . . . . , . . . . . . . . . . . . . . . . . . he lent the defendant rupees repayable on the . . . . . . . . . . . . . . . . .day of . . . . . . . . . . . . . . . . . .
The defendant has not paid the same, except . . . . . . . . . . . . . . . . . .rupees paid on the . . . . . . . . day of . . . . .. . . . . . . . . . . .20 . . . . . . . . .

[If the plaintiff claims exemption from any law of limitation, say :]

The plaintiff was a minor [or insane] from the . . . . . . . . . . . . . . . . . day of till . . . . . . . . . . the . . . . . . . . . . . . . .. . .day of . . . . . . . . . . . . . . . . . .
[Facts showing when the cause of action arose and that the Court has jurisdiction.]

The value of the subject-matter of the suit for the purpose of jurisdiction is . . . . . . . . . . . . . . . . . .rupees and for the prupose of court-fees is . . . . . . . . . . . . . . . . . .rupees.
The plaintiff claims . . . . . . . . . . . . . . . . . .rupees, with interest at . . . . . . . . . . . . . . . . . .per cent. from the . . . . .
. . . . . . . . . . . .day of . . . . . . . . . . . . . . . . . .20 . . . . . . . . .

Verification

I AB

Affidavit

I AB s/o SD

Solemnly affairm that I verified the above plaint and the facts stated in para no 1 , 2, 3 ……. are true and based on documents and rest of my humble submission

Additional requirements for filing a plaint are as below:

  1. Plaint
  2. Vacalatnama from the client
  3. Court Fees as per Court Fees Act and Suit Valuation act
  4. Attach documents relied for the facts in the Plaint
  5. Suit cover

Follow the local or state civil rules before filing a Suit along with Rule 6 and 7 of Code of Civil Procedure


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