Plaint in CPC
Plaint under Civil Procedure Code (CPC), 1908
Meaning of Plaint
A Plaint is the written statement or complaint filed by the plaintiff (the person who initiates a civil suit) in a civil court.
It sets out the facts, cause of action, claims, and reliefs sought by the plaintiff against the defendant.
Essentially, the plaint is the foundation of the suit and frames the issues to be adjudicated.
Legal Definition
The CPC does not provide an explicit definition of “plaint” but explains it through Order 7 Rules 1-3 of the CPC.
Order 7 Rule 1 states:
“The plaint shall contain the following particulars:—
(a) The name of the court, the names, descriptions, and places of residence of the parties;
(b) The facts constituting the cause of action with such particulars as may be necessary;
(c) The jurisdiction of the court;
(d) The relief which the plaintiff claims.”
Contents of a Valid Plaint (Order 7 Rule 1 CPC)
A plaint must contain:
Name of the Court: The competent court where the suit is being filed.
Names and Descriptions of the Parties: Plaintiff and defendant’s full details.
Cause of Action: Facts or events giving rise to the suit.
Jurisdiction: Why the court has the power to try the suit (territorial, pecuniary, subject matter).
Reliefs Claimed: What the plaintiff is seeking from the court (damages, injunction, declaration, etc.).
Value of the Suit: For determining court fees and jurisdiction (Order 7 Rule 1A).
Verification: Signature of the plaintiff or his advocate.
Presentation and Admission of Plaint
After presentation, the court examines the plaint for proper stamping (court fees), jurisdiction, and compliance.
Order 7 Rule 11 empowers the court to reject a plaint at the outset if it does not disclose a cause of action or is barred by law.
Rejection of Plaint – Order 7 Rule 11 CPC
A court may reject the plaint if:
It does not disclose a cause of action.
The suit is barred by any law.
The relief claimed is undervalued and the plaintiff does not rectify the valuation.
The suit is exceedingly frivolous or vexatious.
Amendment of Plaint
Under Order 7 Rule 6, the court can allow the plaintiff to amend the plaint at any stage before judgment to correct mistakes or add necessary particulars.
However, the amendment should not cause injustice to the defendant.
Importance of Plaint
The plaint frames the scope and limits of the suit.
It determines the issues to be tried.
Proper drafting is essential for efficient adjudication.
Case Laws on Plaint
K.C. Verma vs Union of India, AIR 1966 SC 1083
The Supreme Court held that the plaint must disclose a cause of action clearly, and a plaint that does not do so can be rejected under Order 7 Rule 11.
Daryao & Ors. vs State of U.P., AIR 1961 SC 1457
The Court observed that the plaint should clearly state facts constituting the cause of action, and failure to do so makes the plaint liable to be rejected.
Kalyan Chandra Sarkar vs Rajesh Ranjan & Anr. AIR 2005 SC 3490
Held that the power to reject a plaint under Order 7 Rule 11 must be exercised sparingly and only in cases where the plaint is clearly untenable.
T. Arivandandam vs T.V. Satyapal, AIR 1977 SC 2062
The court stressed the importance of precise facts in the plaint and how vague or ambiguous facts can result in dismissal.
Distinction: Plaint vs Complaint
| Plaint | Complaint |
|---|---|
| Filed in civil court | Filed in criminal court |
| Civil nature of dispute | Criminal nature of dispute |
| Governed by CPC | Governed by Criminal Procedure Code |
| Seeks civil relief (damages, etc.) | Seeks punishment for offense |
Summary
| Aspect | Description |
|---|---|
| What is Plaint? | Written statement initiating a civil suit. |
| Governing Rule | Order 7 Rule 1 of CPC |
| Contents | Court name, parties, cause of action, relief |
| When can it be rejected? | Order 7 Rule 11 – no cause of action, barred suit, etc. |
| Amendment | Allowed under Order 7 Rule 6 |
| Importance | Foundation for framing issues in the suit |
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