A

Project File
On
Plaint

Submitted in partial fulfilment of B.Com LLB

Semester- VII
Session- 2019-20

SUBJECT- Civil Procedure Code

SCHOOL OF LAW

GURU GHASIDAS

VISHWAVIDYALAYA

Submitted to : Submitted by :

Mr. B. K Singh Tripti Rajput

(Assistant Professor) B.Com LLB (7th sem)
 DECLARATION

I, TRIPTI RAJPUT, ROLL. NO. 56, B.Com.LL.B 7THSemester, OF

GURU GHASI DAS UNIVERSITY does hereby declare that, this project is my
original work and I have not copied this project or any part there from any
sources without any acknowledgement. I am highly indebted to the author of the
book that I have preferred in my book as well as all the writers of the articles
and the owner of the information taken from website to it. It is only because of
their contribution and proper guidance of my faculty adviser Mr. B. K Singh
Sir, that I was able to gather light on the subject.

TRIPTI RAJPUT
ROLL.NO.-56
B.Com.LL.B (7TH SEMESTER).
 CERTIFICATE

I am too glad to submit this project report on “Plaint” as a part of my academic

assignment. This project is based on research methodology. It further studies
making sources and method of research methodology and further discusses the
interview method. I hope this would be significant for academic purpose as well
as prove information to all readers.
Here through I declare that this paper is an original piece of research and
all the borrowed text and ideas have been duly acknowledged.

SUBMITTED BY SIGNATURE OF FACULTY

TRIPTI RAJPUT
 ACKNOWLEDGEMENT

I would like to express my earnest and deepest gratitude to Mr. B. K Singh,

faculty of Civil Procedure Code, for giving me opportunity to do a project on
such a important topic of ‘ Plaint ’ . I am grateful for the assistance, guidance
and support that were extended during the course of excellent research. I thank
my parents and my friends for their moral support and love throughout my
research work and projects operation. Above all I thank the God almighty for
the blessing me with the health vitality to complete this projects.

TRIPTI RAJPUT
 Synopsis

Topic:- Plaint

1. Introduction
2. Particular of plaint
3. Procedure for admission of the plaint
4. Return of plaint
5. Dismissal of suit
6. Nature of returned plaint
7. Grounds of rejection
8. Conclusion
9. Bibliography
 Introduction

A plaint is a legal document which contains the written statement of the

plaintiff's claim. A plaint is the first step towards the initiation of a suit. It can
be said to be a statement of claim, a document, by the presentation of which the
suit is instituted. In fact, in the very plaint, the content of the civil suit is laid
out.

Through such a plaint, the grievances of the plaintiff are spelled out, as well as
the possible causes of action that can arise out of the suit. A plaint which is
presented to a civil court of appropriate jurisdiction contains everything,
including facts to relief that the plaintiff expects to obtin.

Although it has not been defined in the Civil Procedure Code, it is a

comprehensive document, a pleading of a plaintiff, which outlines the essential
of a suit, and sets the legal wheels up and running.

Order VII of the CPC particularly deals with a plaint. A few of the essentials of
plaint implicit in itself are those only material facts, and not all facts or the law
as such is to be stated, the facts should be concise and precise, and no evidence
should be mentioned.
 Particular of 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.
Additional particulars:-

 Order VII, Rule 2 states ‘Where the plaintiff seeks the recovery of
money, the plaint shall state the precise amount claimed. But where the
plaintiff sue for mesne profits, or for an amount which will be found due
to him on taking unsettled accounts between him and the defendant, ][or
for movables in the possession of the defendant, or for debts of which the
value he cannot, after the exercise of reasonable diligence, estimate, the
plaint shall state approximately the amount or value sued for .
 Order VII, Rule 3 states Where the subject-matter of the suit is
immovable property, the plaint shall contain a description of the property
sufficient to identify it, and, in case such property can be identified by
boundaries or numbers in a record of settlement or survey, the plaint shall
specify such boundaries or numbers.
 The plaint should adequately show the involvement of the defendant,
including his/her interests in the same and thereby justifying the need to
bring him/her forward.
 If the plaintiff files the suit after the expiration of the period of limitation,
he/she must show the reason for which such an exemption from law is
being claimed.

Procedure for admission of the plaint

When the court serves the summons for the defendant, according to Order V,
Rule 9, the plaintiff must present copies of then plaint according to the number
of defendants, and should also pay the summon fee, within seven days of such a
summons.

Rule 9 states the plaintiff shall endorse on the pliant, or annex thereto, a list of
the documents (if any) which he has produced along with it; and , if the plaint is
admitted shall present, within such time as may be fixed by the Court or
extended by it from time to time, as many copies on plain paper of the plaint as
there are defendants, unless the Court by reason of the length of the plaint or the
number of the defendants, or for any other sufficient reason, permits him
present a like number of concise statements of the nature of the claim made, or
of the relief claimed in the suit, in which case he shall present such statements.
 Return of plaint

Order VII ,Rule 10 states that the plaint will have to be returned in such
situations where the court is unable to entertain the plaint, or when it does not
have the jurisdiction to entertain the plaint.

The courts can exercise the power of returning the plaint for presentation before
the appropriate court if it feels that the trial court itself did not have the
appropriate jurisdiction in the first place.

The plaint shall at any state of the suit be returned to be presented to the Court
in which the suit should have been instituted.

According to Order 7,Rule 10 A ‘Procedure on returning plaint—On returning

a plaint, the Judge shall endorse thereon the date of its presentation and return,
the name of the party presenting it, and a brief statement of the reasons for
returning it’.

Once the appellate court finds out that the trial court decided on the civil suit
without proper jurisdiction, such decision would be nullified.

Dismissal of suit

If the plaint is to be returned to the parties after its rejection, the court has to fix
a date for the same where the parties can arrive for these purpose.

This was mentioned in Rule 10, inserted by the amendment act of 1976. If the
court does not have the adequate jurisdiction, the proper course is to return the
plaint and not to dismiss it.
 Nature of returned plaint

When a plaint has been returned for want of proper jurisdiction, it is to be

treated as a fresh plaint.

This fresh plaint can be amended and no consequences can arise as a result of it.
This amended plaint cannot be rejected by stating that the averments were not
present in the original plaint. This argument will not be taken into consideration
and the plaint will be allowed to stand.

When can a plaint be rejected

A plaint can be rejected under following cases:-

(a) where it does not disclose a cause of action;

(b) where the relief claimed is undervalued, and the plaintiff, on being
required by the Court to correct the valuation within a time to be fixed by
the Court, fails to do so;

(c) where the relief claimed is properly valued, but the plaint is returned
upon paper insufficiently stamped, and the plaintiff, on being required by
the Court to supply the requisite stamp-paper within a time to be fixed by
the Court, fails to do so;

(d) where the suit appears from the statement in the plaint to be barred by
any law .
 Conclusion

A plaint is important in the sense that it is the first and foremost step towards
instituting the suit. Therefore, due care has to be taken to ensure that the
procedure required for the initiation of plaint has been duly recognized.

It is mandatory to follow protocol by stating the relevant facts, the necessary

details, refrain from providing evidence and mention the kind of relief
envisaged so that the plaintiff is duly benefitted.
 Bibliography

 Code of Civil Procedure , C.K Takwani

 Code of Civil Procedure , Mullah

 www.lawnn.com

 www.legalbites.com

 www.srdnotes.com