The document discusses the legal concept of a plaint within the civil law framework, highlighting its role in initiating a suit as per the Code of Civil Procedure (CPC). It outlines the requirements for presenting a plaint, including necessary information and procedures for returning or rejecting a plaint. The conclusion emphasizes that a plaint is essential for recording the plaintiff's statement but does not require evidence at the initial stage.

1. PLAINT
DEEPAK KUMAR
( CENTRAL UNIVERSITY OF SOUTH BIHAR )

2. INTRODUCTION
• To Set the Criminal Justice System into Motion FIR Lodged.
• In the Same Way the Entire Machinery of the Civil Law is put
into Motion by the Institution of the Suit.
• Institution of the Suit (Section – 26 of CPC) – Every Suit
shall be instituted by the Presentation of a Plaint.

3. MEANING ANDDEFINITION OF PLAINT
• ORDER – Vll of the CPC deals with Plaint.
• But Plaint is not defined anywhere in CPC.
• In case of Girija Bai V. Thakur Das, AIR 1967, court states
that “Plaint means the Pleading of the plaintiff.”
• Pleading(Order–Vl, Rule–1) shall mean “Plaint or Written
Statement”.

4. PARTICULARS INPLAINT( ORDER – VII , RULE – 1 )
A Plaint shall contain :-
• Name of the Court in which the Suit is brought.
• Name, Description & Place of Residence of the Plaintiff & Defendant.
• Facts constituting the cause of action & when it arose.
• Facts showing the territorial jurisdiction of the court.
• Relief claimed by the plaintiff.
• Value of the subject matter for determining the pecuniary jurisdiction & court-
fees.

5. PROCEDUREON ADMITTINGPLAINT( ORDER – VII, RULE – 9 )
• When the Court orders that summons to be served on the defendants,
it will direct plaintiff that :-
Plaintiff to present as many copies of the Plaint as there are defendants.
Copies of the plaint shall be presented within 7 days from the date of
of such order.
Plaintiff to present with requisite fee for service of Summons on the
defendants.

6. RETURN OF PLAINT [ORDER – VII , RULE – 10 (1) ]
• Plaint shall be returned at any stage of the suit.
• For the Proper Court Presentation Or
• To be Presented to the Court in which the Suit should have been Instituted.
• ONGC Ltd. V. Modern Construction & Company(2014) – it was held that
where the Plaint is Presented before the court of competent jurisdiction, the plaint
is to be considered as a fresh Plaint & the trial is to be conducted from the
beginning even if it stood concluded before the Previous Court.

7. PROCEDUREON RETURNINGPLAINT[ ORDER – 7 , RULE– 10 (2) ]
• On returning a Plaint, the Judge shall endorse thereon : -
The date of its presentation & return.
The name of the party presenting it.
The reasons for returning it.

8. REJECTION OF PLAINT ( ORDER – VII , RULE – 11)
• The Plaint shall be rejected in the following cases :-
Where Plaint does not disclose a cause of action.
Where the relief claimed is Undervalued.
Where the Plaint is not filed in Duplicate.
Where the suit appears from the statement barred by any law.
Where the Plaint is written upon paper is Insufficiently Stamped.
Where the plaintiff fails to comply with the provisions of rule 9.

9. CONCLUSION
• A Plaint is the first step towards the initiation of the suit.
• Through the institution of the suit or through the presentation of the Plaint the
entire machinery of the civil law is put into the motion.
• The purpose of the Plaint is to record the statement of the plaintiff and record the
reason for the cause of action it does not demand evidence from the plaintiff.
• There is provision for the rejection of Plaint but it does not prohibit the plaintiff
to present the fresh Plaint on the same cause of action.

10. REFERENCE
Books
1. Bare Act, The Code Of Civil Procedure, 1908
2. C.K. Takwani, 2021, Civil Procedure Limitation and Commercial Courts, EBC
Publication Ltd.., Ninth Edition.
WEBSITES
1. WWW.LEGALSERVICEINDIA.COM
2.WWW.SCCONLINE.COM