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PLAINT STRUCTURE

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This article is written by Vansh Aggarwal of 3rd Semester of University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University, an intern under Legal Vidhiya

ABSTRACT

A plaint is a legal document that is required to be filed before the Hon’ble Courts in order to initiate a civil suit. It is the first step in the litigation process and is essential for a successful case. The plaint must contain essential information about the case, including the names of the parties, the cause of action, and the relief that the plaintiff is seeking. It must also be filed in the correct court and must comply with all of the requirements of the Code of Civil Procedure. The article discusses the concept of a plaint, its importance in a civil suit, and the different components that it must contain. It also provides a sample plaint for a hypothetical case. The article begins by defining a plaint and explaining its purpose. It then discusses the different components that a plaint must contain, such as the names of the parties, the cause of action, the relief that the plaintiff is seeking, and the value of the suit. The article also discusses the importance of filing the plaint in the correct court and complying with all of the requirements of the Code of Civil Procedure.

Finally, the article provides a sample plaint for a hypothetical case. The sample plaint is written clearly and concisely and accurately states the facts of the case. It also states the relief that the plaintiff is seeking. The article is well-written and informative. It provides a clear and concise overview of the topic, and it is easy to understand even for those who are not familiar with the law. The sample plaint is also helpful in providing a practical example of how a plaint should be drafted.

Overall, the article is a valuable resource for anyone who is interested in learning more about plaints and how they are used in civil suits.

Keywords: Order VII, Code of Civil Procedure, Plaint, Structure of Plaint, Plaintiff, Admission of a plaint, Defendant, Drafting a plaint.

INTRODUCTION

The Hon’ble Courts in this nation is the epitome of justice which ensures justice is delivered to the citizenry. The same is reiterated in Article 32 of the Indian constitution which allows any aggrieved person to approach the Hon’ble Supreme Court in case any of their fundamental rights are violated. However, a certain procedure or a set of actions is needed to be followed when approaching the courts for justice which is enshrined in the Code of Civil Procedure, 1908. To seek justice, a party whose rights, interests, property or personal has been negatively impacted (i.e., Plaintiff) by the actions or inactions of another party (i.e., defendant) needs to bring a plaint before the courts. These plants help in maintaining uniformity in the system and make the needs or issues of the aggrieved party clear before the courts. In simple words, a plaint is a legal document that is presented before a court that has a plaintiff’s claims. A plaint is a first step towards the institution of a suit. It has all the necessary facts and circumstances which led to this suit being filed, the cause of action and the claims of the plaintiff. Order VII of the CPC laid down the concept of a plaint and the same has also been described in this article in brief.

OBJECTIVES

The primary objective of this article is to explain the meaning of a plaint and the structure of a plaint. There is a common misconception when it comes to the procedures of the courts that is they are very typical and complex and a common man can’t perform them. However, it is pertinent to mention that when a person makes a true attempt towards understanding these procedures, the procedures can be easily understood and complied with even with a non-legal background person. This article is an attempt towards demystifying these myths and providing the reader with the necessary knowledge of a plaint including what all is needed to be included in a plaint and its structure along with the relevant law and judgements. In this article, the meaning of plaint along with the procedure and its structure is explained in an easy-to-understand language such that this procedure can be easily understood and the reader’s perspective towards the first action that is needed to institute a civil suit is clear.

A plaint is a legal document that encapsulates the plaintiff’s claims or what remedy does the plaintiff wants from the courts, namely damages or compensation, injunction, specific performance, etc. It can be understood by an example of a patient approaching a doctor and telling him what is the problem and what treatment is he looking for. The doctor, then, according to his analysis and the needs of the patient suggests the best solution. The same is true with the courts of law, in which the statement of the problem and the anticipated solution is the plaint. Plaint as a concept owes its origin to the Code of Civil Procedure. Order VII of the Code of Civil Procedure deals with the plaints. Even though the same is a very vast order containing multiple rules under it, Rule 1 to Rule 8 deal with the particulars of a plaint, Rule 9 deals with the procedure of admitting a plaint, Rule 10 talks about the Return of a plaint and the appearances of the parties and Rule 11 to rule 13 is about Rejection of a plaint. Furthermore, Section 26 of The Code of Civil Procedure highlights the importance of a plaint according to which a suit shall be instituted by presentation of a plaint. As mentioned above, Order VII, Rule 1[1] is about the particulars of a plaint which are described below along with an example, to make them easier to understand: –

Order VII, Rule 1 of the Code of Civil Procedure, 1908 makes the structure as well as the necessary components of a plaint very clear and the importance of a plaint in a civil suit. Order VII, Rule 2[2] further states that in case the plaintiff seeks the recovery of money, he should state the specific amount that it is to be recovered. If the plaintiff sues for possession of movables, or for any amount that is incapable of being curtained in an exact sum, an approximate amount shall be stated in the plaint. In case the plaintiff seeks the interest of any such amount, he should clearly state the rate of interest, the date from and the date to which the interest is calculated, the total amount as per the plaintiff’s calculations and the daily rate of interest at which the interest accrues after the filing of the plaint.

Rule 3[3], states that in case the subject matter of the suit is an immovable property, the plaint should have sufficient details as to identify any such immovable property. This identification can be in the form of numbers or boundaries in a record of settlement or a survey. Rules 7[4] and 8[5] further clarify the position on the relief that is claimed by the plaintiff, Rule 7 makes it sufficiently clear that the relief that the plaintiff wants should be stated specifically. This rule also applies to any relief claimed by the defendant/s. Rule 8 states that if the plaintiff seeks multiple reliefs on different grounds or causes of actions, such reliefs must be stated differently or separately. Hence, these were the relevant rules of the code of civil procedure when the subject matter of a plaint is concerned. A plaint can be classified into two parts, i.e., Legal theory and Legal remedy. Legal theory is the part wherein the plaintiff illustrates the factual situation which led to the institution of this suit along with the cause of action and the jurisdiction of the court. It also mentions the plight of the plaintiff in detail for the kind consideration of the Judge. The next part that is included in a plaint is the legal remedy, in simpler terms it means the remedy that the plaintiff wants through the court. It can be in the form of damages or any other equitable remedy for which the plaintiff is approaching the courts of law. A plaint helps the judicial officer to have a better knowledge of the point of conflict between the plaintiff and the defendant along with the facts so that an effective and just order can be passed in the interest of justice and equity.

Insofar as the theoretical portion of a plaint is concerned, it is clear what a plaint is and what a plaint shall include or exclude. However, for a better understanding of the reader, a sample plaint is given below which is based upon the hypothetical situation in which a contract is entered between A and B wherein B, based in Kashmere Gate has to supply hand towels to A, also based in Kashmere Gate for Rs. 10,000. B accepts the payment, however, denies supplying the towels which leads to business losses for A in a sum of Rs. 20,000. A now wants to claim Rs. 20,000 as damages from B towards the loss of his business and he files a plaint for the same.

IN THE CIVIL COURT AT TIS HAZARI

Suit no. XXX of 2023

A                                                                                                                             …… Plaintiff

Kashmere Gate, New Delhi

v.

B

Kashmere Gate, New Delhi                                                                                    ….Defendant

SUIT FOR DAMAGES UNDER SECTION 72 OF THE INDIAN CONTRACT ACT, 1872

The plaintiff submitted as under:

1. That the plaintiff is a resident of Kashmere Gate. On July 25, 20XX, the plaintiff and defendant entered into a contract wherein the defendant was obliged to supply 500 hand towels for a consideration of Rs. 10,000.

2. That the contract entered between the defendant and the plaintiff is a legally enforceable contract having all the essentials of a valid contract.

3. That on August 3, 20XX, the defendant refused to supply the handtowels to the plaintiff even after accepting the full payment which led to huge business losses to the plaintiff amounting to Rs. 20,000 and breached the contract.

4. That this court has the jurisdiction on this matter as the cause of action i.e., the contract as well as the breach of the contract occurred in Kashmere Gate.  

Prayer:

It is prayed before this Hon’ble Court that this Hon’ble Court may be pleased to grant damages worth Rs. 20,000 to the plaintiff or pass any other decree in the interest of justice.

Date: August 15, 20XX                                                                                              

Place: New Delhi                                                                                                         Signature

The above-mentioned is just a specimen of a plaint such that the concept of a plaint is clear. It had all the necessities of the plaints. However, it is pertinent to mention that owing to the scope of this research article and other considerations, the presented plaint is exhaustive and is for illustrative purposes only. The basic structure of a plant can be referred to; however, the real courts plaint is longer. The plaint started by mentioning the name of the court in which the civil suit is filed followed by the name, address and description of the parties i.e., the plaintiff as well as the defendant. The Plaint had the legal theory in the form of submissions as well as the legal remedy in the form of prayer.

CONCLUSION

Civil law is one of the most developed law branches in the Indian legal system having its roots in the colonial era. Plaints are the first step towards this branch of law and their importance need not be reiterated. A plaint is a legal document that has the legal theory as well as legal remedy which means the cause of action, facts and circumstances which led to the case as well as the solution the plaintiff wants to avail. A plaint should have all the necessities as specified in Order VII of the Code of Civil Procedure. Drafting of a plaint requires careful attention to detail and skill. The plaint drafted should be clear, conscience, and follow the provisions of law which should be easily understandable. However, with the right combination of efforts and skills, a common man can also draft these plaints or at least become aware towards the first step to enforce their legal rights.

REFERENCES: –

1.https://blog.finology.in/Legal-news/plaint-written-statement#:~:text=Particulars%20of%20A%20Plaint&text=Name%2C%20place%2C%20%26%20description%20of,action%20and%20when%20it%20arose. as visited on 23-08-2023.

2. https://blog.ipleaders.in/sample-plaint-civil-procedure-code/ as visited on 23-08-2023.

3. https://www.legalserviceindia.com/legal/article-7119-plaint-written-statement-set-off-and-counter-claim-under-civil-procedure-code-1908.html as visited on 23-08-2023.

4. https://www.patnalawcollege.ac.in/econtent/PLAINT.pdf as visited on 23-08-2023.

5.https://www.lawnotes4u.in/plaint-order-7-c-p-c-its-meaning-essentials-and-particulars-form-etc/ as visited on 23-08-2023.

6.https://www.taxmann.com/post/blog/know-all-about-drafting-pleadings-and-appearances-in-cvil-procedure-code/ as visited on 23-08-2023.

7. https://www.lawaudience.com/drafting-of-plaint-a-comprehensive-guide/

8. https://www.legalbites.in/format-of-plaint/ as visited on 23-08-2023.

[1] Order VII, Rule 1, The Code of Civil Procedure, 1908.

[2] Order VII, Rule 2, The Code of Civil Procedure, 1908.

[3] Order VII, Rule 3, The Code of Civil Procedure, 1908.

[4] Order VII, Rule 7, The Code of Civil Procedure, 1908.

[5] Order VII, Rule 8, The Code of Civil Procedure, 1908.

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