Importance of Plaint in Civil Proceedings

The plaint is a written document that contains all the information about the facts given in chronological order, in separate paragraphs duly numbered, along with all the documents relied upon by the party (the plaintiff) filing the suit. A standard format for plaints for various types of civil suits is provided in Appendix A of the Code of Civil Procedure (1908).

Particulars of the Plaint

The particulars to be contained in a plaint are given in Rule 1 of Order 7 of the Code of Civil Procedure. So according to Rule 1 of Order 7, a plaint shall have the following particulars −

• The name of the court in which the suit is brought;

• The name, description, and place of residence of the plaintiff;

• The name, description, and place of residence of the defendant, so far as they can be ascertained;

• Where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that effect;

• The facts constituting the cause of action and when it arose;

• The facts showing that the court has jurisdiction;

• The relief that the plaintiff claims;

• Where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed or relinquished; and

• A statement of the value of the subject matter of the suit for purposes of jurisdiction and court fees, so far as the case admits.

In addition to the information mentioned above, some additional information is also required to be given in the suit for specific relief like in cases of money suits, the plaint shall state the precise amount of money claimed. Further in cases involving immovable property, the complaint must include a detailed description of the suit property in order to accurately identify it.

Appendix A of the Code of Civil Procedure provides a standard format for plaints for various types of civil suits.

Prayer

The prayer is the most essential part of the plaint. A suit without prayer is incomplete and later becomes infructuous. The prayer must include the entire claim sought by the plaintiff. As per the provision contained under Order 2 Rule 2 of the Code of Civil Procedure, the part of the claim that is not included in the prayer is considered to be waived off or relinquished as not claimed. Later on, such a part of the claim cannot be claimed by way of a separate suit. Therefore, the prayer is the most important part of the plaint and it must be fully drafted to include the entire claim that the plaintiff can have, for a particular cause of action. As per Order 7, Rule 7, of the Code of Civil Procedure, the relief claimed is to be specifically stated in the prayer clause of the plaint.

Amendment of the Plaint

If certain facts are omitted from the complaint due to ignorance or error but not through malice or design, those facts are to be included by way of an amendment to the plaint under the provisions contained in Order 6, Rule 17. Therefore, by using this provision, amendment of the plaint can be done at any stage but before the passing of the judgement, however, permission for amendment of the plaint is to be sought by way of an application under Order 6, Rule 17 of the Code of Civil Procedure. The court may grant permission for amendment of the plaint if it is necessary for complete adjudication of the dispute between the parties.

Conclusion

A plaint is a document in which the plaintiff pleads his case to the court. The plaint must be drafted in the standard format to include the essential facts in chronological order in the separate paragraphs. The plaint of the suit must include a specific statement about the cause of action, limitation, suit valuation for jurisdiction, and purpose of court fee. The prayer part of the plaint must contain the whole of the claim to which the plaintiff is entitled as per the law applicable to him on the date of the filing of the suit. According to Rule 11 of Order 7 of the Code of Civil Procedure of 1908, a plaint that does not specifically mention the specific instances of the cause of action and its date of occurrence becomes infructuous. Further, as per the provision of Order 2 Rule 2, the prayer clause of the plaint must include the whole of the claim to which the plaintiff is entitled as of the date of the filing of the suit.

Frequently Asked Questions

Q1. What is the cause of action for filing a civil suit?

Ans: The cause of action is the real foundation of the claim to be sought in the civil suit. The provisions regarding the "cause of action" are provided under Rule 3 of Order 2 of the Code of Civil Procedure of 1908.

Q2. What is the limitation for filing a civil suit?

Ans: The limitation period is a very important aspect of filing a civil suit. The civil remedy is barred once the limitation period is expired for a legal action. That is, after the period of limitations has expired, the civil remedy cannot be claimed through a legal action filed in court. Limitation for a particular relief is provided in the Limitation Act of 1963.

Q3. The essential particulars of the plaint are mentioned, in which provision of the Code of Civil Procedure?

Ans: The essential particulars to be contained in a plaint are provided in Rule 1 of Order 7 of the Code of Civil Procedure.

Q4. What happened when the whole claim was not included in the prayer of the plaint?

Ans: The suit must include the entire claim sought by the plaintiff. As per the provision contained under Order 2 Rule 2 of the Code of Civil Procedure, the part of the claim that is not included in the prayer of the suit is considered to be waived off or relinquished as not claimed. In that case, the relinquished part of the claim cannot be claimed by way of a separate suit. The only option is to amend the plaint and include the portion of the claim that was left out before the judgement in the particular suit is rendered.

Q5. What is the effect or application of the provision contained in Rule 10 of Order 7 of the Code of Civil Procedure?

Ans: If the suit is filed in the court having no jurisdiction, then, as per the provisions of Order 7 Rule 10, the suit must be returned by the court to be filed in the court having jurisdiction to entertain and adjudicate upon it.

Q6. What is the effect or application of the provision contained in Rule 11 of Order 7 of the Code of Civil Procedure?

Ans: If the suit is filed without a valid cause of action, then as per the provisions of Order 7 Rule 11, the suit must be rejected by the court, either on the basis of the suo motu action or on an application filed by the respondent.

Q7. What is the effect or application of the provision contained in rule 17 of order 6 of the Code of Civil Procedure?

Ans: If, by ignorance or mistake of the plaintiff, certain facts are not mentioned in the plaint at the time of filing the suit, then, by using this provision contained in Order 7 Rule 11, an application for amendment of the plaint may be filed with the court at any stage but before the judgment is passed to include those additional facts in the plaint.