PLEADINGS :PLAINT

ASSIGNMENT ON : DRAFTING PLEADING CONVEYANCING

SESSION : 2020-21

SUBMITTED AS A PART OF ASSIGNMENT IN PARTIAL

FULFILLMENT OF REQUIREMENT FOR THE DEGREE OF

B.A.LLB

SUPERVISED BY: SUBMITTED BY:

MR. ABHISHEK MISHRA SHREYA GUPTA
SUBJECT PROFESSOR ROLL NO:17001277
SCHOOL OF LAW B.A.LLB 8TH SEM

DEPARTMENT OF LAW
GURU GHASIDAS UNIVERSITY

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 DECLARATION

I ,Shreya Gupta , ROLL NO : 17001277 declare that this dissertation which I submit to the
Department of Law , Guru Ghasidas Vishvavidyalaya as part of my course curriculum , is my
own personal effort.

Furthermore, I took reasonable care to ensure that the work is original and to the best of my
knowledge, doesn’t breach copyright law. I have not copied any part of this works from any
sources without acknowledgement.

I declare that I do surrender my copyright in this work in favour of this institution.

SHREYA GUPTA

B.A.LLB 8TH SEM

17001277

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 CERTIFICATE

This is to certify that, SHREYA GUPTA, Student of B.A.LLB 8th semester has completed
her seminar work on “PLEADINGS:PLAINT” in partial fulfilment of the requirement for
the B.A.LLB degree of the 2020-21 of the university.

The candidate has worked under the supervision of and has duly submitted the required
number of hard copies in department of law as per instructions.

PROF. ABHISHEK MISHRA HEAD OF THE DEPARTMENT

SUBJECT PROFESSOR

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 ACKNOWLEDGEMENT

The project would not have been possible without the help and cooperation of so
many. I wish to record my profound gratitude to a few.

First of all I would like to thank my university

GURU GHASIDAS VISHWAVIDYALAYA (C.G.)

Which provided me an opportunity to gain knowledge and an insight into the aspect of
my project.

My special appreciation and thanks is extended to my guide

PROF. ABHISHEK MISHRA

For helping me to come out with flying colours in my project report.

This acknowledgement would be left incomplete without thanking my parents who

have been inspiring sources in my study, without their support my project would not
have been successfully completed.

Shreya Gupta

Roll no:17001277

BA.LLB 8TH SEMESTER

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 SYNOPSIS
1. INTRODUCTION.......................................................................6
2. HISTORY OF PLEADINGS.......................................................6-7
3. MEANING OF PLEADINGS......................................................7-8
4. OBJECTS OF PLEADINGS..........................................................8-9
5. FUNDAMENTAL RULES OF PLEADINGS...............................9-13
6. FORMAT OF A CIVIL PLEADING................................................13-16
7. PLAINT...........................................................................................17
8. NECESSARY CONTENTS OF A PLAINT..............................17-18
9. REJECTION OF A PLAINT......................................................18-19
10. PROVISIONS ON THE REJECTION OF PLAINT UNDER CPC................19
11. LANDMARK CASES ON REJECTION OF PLAINT...............................20
12. SAMPLE APPLICATION OF REJECTION OF PLAINT UNDER ORDER 7 RULE
11.......................................................20-24
13. CONCLUSION......................................................25
14. REFERENCES............................................................26

SUBMITTED TO: SUBMITTED BY:

PROF. ABHISHEK MISHRA SHREYA GUPTA

B.A.LLB 8TH SEM

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 INTRODUCTION
Drafting in general means, putting one’s own ideas in writing. Drafting of any matter is an
art. Drafting of legal matters requires greater skills and efficiencies. It requires thorough
knowledge of law, procedure, settled judicial principles, besides proficiency in English
language. Pleading has an important place in the administration of justice and judicial
process. When the suit or case is brought in the court of law, we have to give facts of the case
in the court, and this, what we give in the court of law is technically called ‘ pleading’. What
we plead in the court is called pleading in the civil matters. The success and failure in suit
depend on pleadings. When the pleading is concise, legible and well-drafted, the judicial
process becomes simpler and faster. This is the reason that generally the job of preparation of
pleading is handed over to skilled, experienced and senior advocate. Order 6 deal with
reading in general. Rule 1 define pleading while rule to lay down the fundamental principle
of pleading,. Rule 3 to 13 require the parties to supply necessary particulars. Rule 14 and 15
provide for signing and verification of pleading. Rule 16 m power of the court to strike out
unnecessary pleadings. Rule 17 and 18 content provision relating to the amendment of
pleadings.
Pleading has an important place in the administration of justice and judicial processes. When
the suit or case is brought in the court of law we have to give facts of the case in the court and
this what we give in the court of law is technically called pleadings. What we played in the
court is called pleadings. The judicial process is only accelerated by the pleadings in civil
matters.

History of Pleadings

The method of arriving at an issue by alternate allegations has been practised in the civilized
countries from earliest times. The art of pleadings apparently is as ancient as any portion of
our procedural law. In ancient India it certainly existed but not in the present form. The art of
pleading is also traceable in substantially the same form in England in the days of Henry II.
The “issue” was found in the first year of the reign of Edward II. It shows that the art of
arriving at an issue was not only practised during the reign of Edward II but had been
practised even before “for an issue had not been only the constant effect, but the professed
aim and the object of pleading”. At first the pleadings were oral. The parties actually
appeared in person in open Court and oral altercation took place in the presence of the judges.

6
These oral pleading were conducted either by the party himself or by a person who was an
eloquent orator and well versed in Dharma Sastras and Koran whom people generally called
Pandit and Maulvi in ancient and medieval India respectively. In English countries such
person was called narrator and advocates before the adoption of this present lawyers’
institution. The Pandits, Maulvis and narrators helped Kings and Judges in the administration
of justice in those days.

The duty of the King and the judge was to superindent i.e. to ‘moderate’ the oral contentions
conducted before him. His aim was to arrive at some specific point or matter affirmed on the
one side, and denied on the other, and accordingly the parties were said to be ‘at issue’ and
the pleadings were over. The parties, then, were ready to go before a jury if it were at issue.
In those days the judges were very strict and they never allowed more than one issue in
respect of each cause of action. When a defendant has more than one defence to the
plaintiff’s claim he had to elect one out of the defences. Since the reign of Queen Victoria the
parties were allowed to raise more than a single issue, either of law or fact.

Meaning of Pleadings

Pleadings are the statement of facts in writing drawn up and filed in a court by each party to
the case stating therein what his contention shall be at the trial and giving all such details as
his opponent will need to know in order to prepare his case in answer. In India there are only
two pleadings in a suit as defined under Order 6, rule 1 of the Code of Civil Procedure, it says
that pleading means “Plaint or Written Statement”.
BHARAT SINGH VS STATE OF HARYANA 1
A plaintiff bleeding is his plaint, a statement of claim in which the plaintiff set out his cause
of action with all necessary particulars and a defendant pleading is written statement a
defence in which the defendant deal with every material fact alleged by the plaintiff in the
plant and also States any new facts which are in his favour, adding such legal objection as he
wished to take to the claim. Where the defendant in is written statement plead a set of the
plaintiff may file his written statement thereto. Again in some cases the defendant after a
filling is written statement main file and additional written statement with the leaf of the
court.
This definition is not very clear in itself. The plaint and written statement are defined as:

1
(1988),4 SCC 534

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(a) Plaint: A statement of claims, called the “plaint” in which the plaintiff sets out his cause
of action with all necessary particulars; and

(b) Written Statement: A statement of defences, called the “written statement” which the
defendant deals with every material fact alleged by the Plaintiff in the plaint and also sets any
new facts which tells in his favour, adding such objection as he wishes to take to the claim.

Beside the plaint and the written statement, other pleadings that may be filed, may be divided
under two heads: (i) subsequent pleadings, and (ii) additional pleadings.

(i)Subsequent Pleadings: The only subsequent pleading which is filed as a matter of right,
without the leave of the court, is a written statement of a plaintiff by way of defence to a plea
of set-off set up by a defendant in the written statement of his defences. No other pleading
subsequent to the written statement of a defendant other than that by way of defence to a plea
of set off can be presented except with the leave of the court and upon such terms as the court
may think proper. But the court may at any time require a written statement or an additional
written statement from any of the parties and fix a time for presenting the same (O.8, r.9).
Any ground of defence which has arisen after the institution of the suit or the presentation of
the written statement, may be, raised by the plaintiff or the defendant as the case may be, in
his written statement (O.8, r.9). This is also a subsequent pleading. The subsequent pleading,
i.e., this written statement in some states is also termed as “replication”. This term was
formerly used in England where plaintiff’s written statement is now called “reply”.

(ii) Additional Pleading: Although no pleading subsequent to the written statement of a

defendant other than by way of defence to a plea of set-off can be presented without the leave
of the court, yet the court may at any time require a written statement or additional written
statement from any of the parties, i.e., plaintiff or defendant or both (O.8, r.8). The additional
pleadings are not subsequent pleadings in the true sense of the term. They are pleading by
way of further and better statement of the nature of the claim or defence or further and better
particular of any matter in the pleadings. These pleading may be ordered under order 6, rule 5
of the Code of Civil Procedure. Under the English Law, pleading has been defined as
follows: “pleading includes any petition or summons and also include the statement in
writing of the claim or demand of any plaintiff and of the defence of any defendant thereto
and of reply of the plaintiff to any counter-claim of a defendant.”

OBJECTS OF THE PLEADINGS

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The main object of pleading is that both the parties must know their cases and elevation made
by other parties. The whole object of pleading is to bring parties to define issues and to
diminishing expenses and delay and to prevent surprise at the hearing. a party is entitled to
know the case of his opponent so that he can meet it. In other words, the sole object of
pleading is to ascertain the real dispute between the parties, 2. To narrow down the area of
conflict and to see where the two sides differ 3. To preclude one party from taking the other
by surprise and to prevent a miscarriage of Justice.
THROP VS HOLDSWORTH2
The whole object of pleading is to bring parties to an issue and the meaning of the rules
relating to pleadings was to prevent the issues bring enlarged, which would prevent other
parties from knowing when the cause came on for trial, what the real point to be discussed
and decided was. In fact, the whole meaning of this system is to Nehru the party to definite
issues and thereby to diminish expenses and delay especially as regards the amount of test
money required on either side at the hearing.
GANESH TRADING CO. VS MOJI RAM3
The supreme court for service provision relating to pleading in civil cases army to give to
each side intimation applications of others so that it may be made to enable quotes to
determine what is really at issues between parties and to prevent deviations from the course
which litigation on the particular cause of action mistakes.
In this case, the supreme court has stated to the main object of pleading-
. The party to know the facts of the cases and
. To prevent deviations.

Fundamental Rules of Pleadings

The English law of pleading has got four fundamental rules of pleading upon which Order 6
of the Code of Civil Procedure is based which are set out as under:

1. Every pleading must state facts and not law.

2. It must state all material facts and material facts only.

3. It must state only the facts on which the party’s pleading relies and not the evidence by
which they are to be proved; and

2
AIR 1876 LR 3 Ch D 637
3
AIR 1978, 2SCC 47

9
4. It must state such facts concisely, but with precision and certainty.

1. Facts and not a law

( Pleading must state only facts and not law)
The first principles after reading are that there should state only facts and not law. It is the
duty of the parties to state only the facts on which day rely upon for their claims. It is for the
court to apply the loss to the facts pleaded. The law of reading may be tersely summarized in
four words, “Plead facts not law”.
In order 6 rule 2 of civil procedure code 1908, it is stated that every pleading shall contain
and contain only a statement in cuisines from the material facts on which the party pleadings
relies for his claims on defence as the case may be. the plaintiff has two States only the
material facts in his planit by which the defendant comes to know what are the things he has
to face in the suit. such things our customers need not be stated in the preceding which the
public knows and which has the force of law.
The rule that every pleading must state facts and not law or an interference of law has got
following exceptions:
(a) Foreign Laws: The courts do not take any judicial notice of foreign laws and hence they
must be pleaded as facts. The status of the foreign country intended to be relied upon should
be set-forth as substantially as any other facts. .
(b) Mixed question of Laws and facts: Where a question is one of mixed law and fact, it is
permissible and proper to plead both the facts and the legal conclusion. For instance, the
defendant may say that the suit is barred by the law of limitation, or he may say he is entitled
to set off after narrating the facts on which he bases his conclusions.
(c) Condition precedent: The Code of Civil Procedure provides that any condition precedent
the performance of which is intended to be contested shall be distinctly specified in the
pleading of the plaintiff or defendant (Order 6 r.6 of C.P.C.), as for instance, the legality of
the notice under section 80, C.P.C.
(d) Custom and Usage of Trades: Custom and usage of any trade and business shall be
pleaded like any other facts, if a party wants to rely on them. But a custom repeatedly brought
GOPAL VERSUS HARI SHARMA, 4
But they are some exception to this rule. in the following matters, the law is to be stated in
the pleadings-

4
AIR 1982 RAJ. 21

10
 1. Judicial notice,
2. Legal objection such as objections about res judicata limitation estoppel jurisdiction
etc.
3. Inference of law.
2.Material facts
( State only material facts and material facts only)
the second principle of reading is that they should contain a statement of material fact and
material facts only. Though the expression material facts have not been defined in the code it
means of acts upon which the plaintiff’s cause of action on the defendant defence depends
aur, in other words, all those facts which must be proved in order to establish the plaintiffs
right to the relief claimed in the plant or the defendant defence in the written statements.
facts which are not necessary to establish whether a cause of action or the difference to it or
not material according to a provision in order 6 rule 2.
The following are exception to this fundamental rule of pleading.
(a) Content of documents: Whenever the contents of document are material, it shall be
sufficient in any pleading to state the effect thereof as briefly as possible without setting out
whole or any part thereof unless any precise words thereof are material
(b) Matters of Inducement: It means introductory or prefatory facts which should be stated
in the first and second paras in the body of the plaint or written statement. Though it is not
necessary yet sometimes it is desirable to commence a plaint with some introductory
allegations stating who the parties are, what business they carry on how they are related and
connected and other surrounding circumstances leading up to the dispute. Though these are
not material facts yet these are allowed in England and hence in India too. But the matter of
inducement should be reduced to the minimum need.
UDHAV SINGH VS MADHAV RAO SCINDIA, 5
the supreme court has defined the expression ‘material fact ‘in the following words,
All the primary facts which must be proved at the trial by a party to establish the existence of
a cause of action or his defence are material facts.
For example-
to give notice in the suits against the government under Section 80 of civil procedure code in
the matrimonial matter, legal marriage is not performed between the husband and wife etc ,
are the incidents of material facts which are to be stated in the pleadings.

5
AIR 1977,I SCC 511

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3. FACTS AND NOT EVIDENCE
( Facts, not the evidence must be stated)
The third principle of feeding is that the evidence of the fact as distinguished from the facts
themselves need not be pleaded. In other words, the pleading should contain a statement of
material facts on which the parties relies but not the evidence by which those facts are to be
proved.
The facts are two types:
1. Factaprobands – the facts required to be proved material facts and
2. Factaprobantia- the facts by means of which they are to be proved particular or
evidence.
in this, regarding order 6 rule 2 of civil procedure code provides that every pleading shall
contain and contain only a statement in the signs from the material facts on which the
party pleading relies for claiming or defence but not the evidence by which they are to be
proved.For example-In the matters of specific performance of the contract, the name of
those people need not be given under whom the agreement of sale and purchase was
performed because this is evidence related fact.
4. CONCISE FORM
(Pleading must state the facts concisely but with precision and certainty)
The fourth and the last tunnel principle of reading is that the bleeding should be drafted with
sufficient brevity and precision. The material fact should be stated precisely succinctly and
coherently. The golden rule of feeding is that the fact is to be stated in such a manner that
essential thing must not be left and irrelevant things not be included in the. The words “ in a
concise form” are definitely suggestive of the facts that brevity should be adhered to while
drafting pleading. Of course, brevity should not be at the cost of excluding necessary facts
but it does not means niggling in the pleading. If care is taken in the syntactic process,
pleadings can be saved from tautology.
The pleading should not only be concise but must also be precise. Although the pleading is
required to be in brief but with accuracy and certainty. Pleadings must be clear and definite
ad should not be sacrificed for the sake of brevity. The construction of pleading should be
such so as to express with a high degree of certainty in order to facilitate the opponent to
exactly with a high degree of certainty in order to facilitate the opponent to exactly known the
case he is called upon a meet. A general charge of corruption cannot be allowed in a
pleading. It follows that the exact nature of corruption should be mentioned so that the

12
opposite party must reply and submit his defence in relation to that particular allegation of
corruption. If precision is lacking in the pleadings the very purpose and objectives of
pleading to know the real issue of controversy would be defeated.
The fundamental rule of pleading is that it must state the facts concisely but with precision
and certainty. Although the pleading is required to be in brief but with accuracy and certainty.
The pleading must be clear and definite and should not be sacrificed for the sake of brevity.
But this does not mean that the facts, which required to be stated are so much brief that it may
lose its importance in the pleadings.
The Golden rule of pleading is that the facts are to be stated in such a manner that essential
things must not be left and irrelevant things not to be included in the pleading.
Thus, there are four above stated fundamental rules of pleading which are required to be
observed by the parties while drafting pleadings.
VIRENDRA KASHINATH VS VINAYAK N. JOSHI, 6Elaboration of fact in pleading is
not the ideal measure and that is why the sub-rules embodies the words’ and contain only’
just before the succeeding words a statement in a concise form of the material fact.’

FORMAT OF A CIVIL PLEADING:

SUIT FOR RECOVERY UNDER ORDER XXXVII OF CPC

IN THE COURT OF DISTRICT JUDGE (DISTRICT __________). ROHINI COURT,

DELHI

SUIT NO ……………. OF 20..

(SUIT UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE, 1908)

IN THE MATTER OF:

M/s ABC Pvt. Ltd. A Company Incorporated Under the

Companies Act, Having Its Registered Office At ………,

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1999, I SCC 47

13
New Delhi.

Through its Director Shri……………… ............. PLAINTIFF

VERSUS

M/s XYZ Ltd.

A Company Incprporated Under The

Companies Act.

Having Its Registered Office At ……….,

Delhi Through its Director Shri…………………… ............DEFENDANT

SUIT FOR RECOVERY OF RS. 4, 19,200/-(Four lakh nineteen thousand two hundred
Only) UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE, 1908

MOST RESPECTFULLY SHOWETH:

1. That the Plaintiff is a Company constituted under the Companies Act having its registered
office at B-40, Safdarjung Enclave, New Delhi. Mr. P. Executive Director of the Plaintiff is a
duly constituted attorney of the Plaintiff and is authorized and competent to sign and verify
the plaint, vakalatnama etc. and to institute this suit on behalf of the Plaintiff.

2. That the Plaintiff carries on the business of construction, engineering and designing. The
Plaintiff is a builder of international repute and has earned a big name in its business.

3. That the Defendant is a Company incorporated under the Companies Act having their
registered office at ……Chandigarh. 4. That the Defendant approached the Plaintiff for
construction of a building for their paper mill at Chandigarh some time in the year …..

5. That the plaintiff and the defendant entered into an agreement for the construction of a
building a sper the site plan and specifications.

6. That the Plaintiff constructed the building and handed over the possession of the same to
the Defendant sometime in…...(date).

7. That on ………(date), the Plaintiff raised the final bill for Rs. 4,19,200/- on the Defendant
on account of the construction of their paper mill at Chandigarh against which the Defendant

14
handed over cheque No. 213456 dated ……..(date) for Rs. 4,19,200/- drawn on Punjab
National Bank, Shahdara, Delhi to the Plaintiff.

8. That the cheque was presented by the Plaintiff, however the same was dishonoured upon
presentation vide bank memo dated……

9. That the Plaintiff immediately informed the Defendant about the dishonour of the said
cheque and called upon the Defendant to make the payment of the said amount along with
interest @ 18% per annum. However, the Defendant failed to pay the same to the Plaintiff
despite repeated requests and reminders.

10. That the Plaintiff therefore finally issued a legal notice dated …….(date) to the Defendant
calling upon the Defendant to clear the outstanding amount of Rs. 1,39,492/- along with
interest at the rate of 18% per annum w.e.f. ……..(date) upto the date of payment. However,
no payment has been made by the Defendant despite the said notice.

11. That the Defendant is now liable to pay a sum of Rs. 4,19,200/- along with interest @
18% per annum from the date on the Plaintiff’s bill. The Plaintiff is, claiming interest
from……(date) upto the date of filing of this suit @ 18% per annum.

12. That the cause of action in favour of the Plaintiff and against the Defendant first arose in
2000 when the Plaintiff was approached by the Defendant for construction of their paper mill.
It further arose in…….. when the said building was completed and handed over to the
Defendant and on ……. when the Plaintiff submitted the final bill for Rs. 4,19,200/- to the
Defendant. The cause of action arose on all dates when the Plaintiff called upon the
Defendant to make the payment and the later failed to comply with it. The cause of action is
still subsisting as the Defendant has failed to pay the outstanding amount despite repeated
oral and written requests and reminders from the Plaintiff.

13. The suit is within the period of limitation.

14. This Hon’ble Court has jurisdiction to entertain this suit because the part of the cause of
action arose at Delhi. The contract for construction of the paper mill was entered at Delhi, all
the payments upto this date have been made at Delhi and the payment of the outstanding
amount was also to be made at Delhi. The Administrative Office of the Defendant is situated
at Delhi where they carry on the work for their gain.

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15. The value of this suit for the purposes of court fee and jurisdiction is Rs. --------- on
which court fee of Rs. ___________is paid. 16. That this suit is filed under Order XXXVII of
the Code of Civil Procedure and no relief has been claimed which does not fall within the
ambit of Order XXXVII.

PRAYER:

It is, therefore most respectfully prayed that this Hon’ble Court may be pleased to :-

(a) Pass a decree for Rs. 4,19,200/-(Four Lakhs Nineteen Thousand and Two Hundred only)
with interest @ 18% per annum from ……(date) upto the date of filing the suit in favour of
the Plaintiff and against the Defendant;

(b) award pendentlite and future interest at the rate of 18% per annum on the above stated
amount of Rs. 4,19,200/-(Four Lakhs Nineteen Thousand and Two Hundred only) with
interest @ 18% per annum from …..(date) upto the date of filing the suit in favour of the
Plaintiff and against the Defendant;

(c) award cost of the suit in favour of the Plaintiff and against the Defendant; and

(d) pass such other and further order(s) as may be deemed fit and proper on the facts and in
the circumstances of this case.

PLACE: Plaintiff

THROUGH
DATE: Advocate

VERIFICATION:

Verified at Delhi on this 1st day of January 20… that the contents of paras 1 to … of the
plaint are true to my knowledge derived from the records of the Plaintiff maintained in the
ordinary course of its business, those of paras …. to .... are true on information received and
believed to be true and last para is the humble prayer to this Hon’ble Court.

PLANTIFF

[NOTE : The above plaint must be supported by an Affidavit]

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Plaint: A Plaint is a legal document that contains the content of any civil suit which shows
the Plaintiff’s claim after filing suit. The plaint is the first step of the Plaintiff in the form of a
legal document for the commencement of suit and it shows what a Plaintiff wants from that
suit. The concept of a plaint is mentioned in the Civil Procedure Code. Through the help of
plaint, the plaintiff narrates or describes the cause of action and related information which is
considered as essential from the viewpoint of the suit.

Order VII of the Code of Civil Procedure deals, particularly with plaint. In Order VII of CPC,
there are many different rules which deal with different constituents of plaint. Rules 1 to
8 deal with the particulars of the plaint. Rule 9 of CPC deals with how the plaint will be
admitted and after that Rule 10 to 10-B talks about the return of the plaint and the appearance
of parties. And the main Rules i.e 11 to 13 deal with the rejection of the plaint and in which
circumstances the plaint can be rejected.

Section 26 of the Code of Civil Procedure states “Every suit shall be instituted by the
presentation of a plaint or in such other manner as may be prescribed.” This section clearly
shows that plaint is very much necessary for the establishment of a suit before the civil or
commercial court.

Necessary Contents of A Plaint

A plaint is a legal document that contains a lot of necessary contents in the absence of which,
it cannot be considered as a plaint. The contents necessary for a plaint are mentioned in Rules
1 to 8 of Order VII of CPC. These are mentioned below:

• Plaint should contain the name of the commercial or civil court where a suit will
be initiated.
• Plaint should contain details of the plaintiff such as the name, address, and
description.
• Plaint should contain the name, residence, and description of the defendant.
• When a plaintiff has some defects or problems in health or any type of disability,
the Plaint should contain a statement of these effects.

17
 • Plaint should contain the facts due to which cause of action arises and where the
cause of action arises it should also be mentioned.
• Plaint should not only mention facts due to which cause of action arises but also
those facts which help in recognizing the jurisdiction.
• Plaint should also contain about that relief which the plaintiff seeks from the
court.
• When the plaintiff is ready to set off a portion of his claim, the Plaint should
contain that amount which has been so allowed.
• Plaint should contain a statement of the value of the subject-matter of suit not only
for the purpose of jurisdiction but also for the purpose of court-fees.
• At last, the content that should be on plaint is the plaintiff verification on oath.

This shows that the plaint is a necessary component for the successful initiation of suits in
commercial or civil courts and plays a very important role throughout the suit. Some
additional particulars which were not mentioned above include the following: Plaintiff shall
state the exact amount of money to be obtained from the defendant as given under Rule 2 of
order VII whereas Rule 3 of order VII of CPC states that when the plaint contains subject
matter of immovable property, then the property must be duly described.

Rejection of plaint

The Plaint shall be rejected in certain situations when requirements are not fulfilled. Some of
the situations in which the plaint is rejected are as follows:

• The plaint is rejected in a case where the cause of action is not disclosed. If the
cause of action is not disclosed then it is not possible to prove the damage caused
to the plaintiff. To seek relief against the defendant, the facts need to be mentioned
clearly. In the case of Snp Shipping Service Pvt. Ltd. v. World Tanker Carrier
Corporation, the plaint was rejected and the suit dismissed under Order 7, Rule
1(a) of the C.P.C.,1908.

• The plaint is also rejected in a case where the plaintiff relief is undervalued and the
plaintiff is requested by the court to correct the valuation within the given time
frame but the plaintiff fails to do so.

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 • The plaint is rejected in a case where all the documents are not properly stamped
and the plaintiff on being required by the court to supply the required stamp paper
within a time to be fixed by court fails to do so.

• The plaint is mostly rejected due to the statement mentioned in the plaint secured
by any law or statute that doesn’t give any right to the plaintiff to file the suit.

• When a duplicate copy of the plaint is not submitted whereas it is mentioned that it
is mandatory to submit the duplicate copy then in that condition plaint is liable to
be dismissed.

• The plaint is rejected when the plaintiff fails to comply with the provisions of Rule
9 of Order VII of C.P.C.

Provisions on the Rejection of Plaint under C.P.C.

As we have already said in what circumstances the plaint can be rejected and now what are
the provisions that are related to the rejection of the plaint under Code of Civil Procedure.
Some of the provisions regarding the rejection of a plaint are mentioned below:

1. Order VII Rule 12 of C.P.C states the procedure on rejecting the plaint so that it
can be used as a precedent for future cases.
2. Order VII Rule 13 of C.P.C states that rejection of the plaint does not stop the
presentation or filling of the fresh plaint.

Two modes which are mentioned to show the manner in which the plaint can be
rejected:

1. The defendant has the right to file an application in the form of an interlocutory
application at any stage of proceedings for the rejection of the plaint.
2. Suo moto (on its own): The meaning of the suo moto itself defines the way of
rejection of the plaint. Suo moto rejection is under Order 7 Rule 11 which states
Rejection of the plaint. A court can itself try a suit under Order 7 Rule 11 if the
plaint fulfills the conditions discussed in the first point.

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Landmark Cases on Rejection of Plaint

• A plaint cannot be rejected in part and retained part under this rule. It must be
rejected as a whole. As held in Kalepur Pala Subrahmanyam v. Tiguti
Venkata.7.
• Where the suit filed earlier was at the stage of recording of evidence and an
application under order 7 rule 11 of the code was filed to delay the proceedings of
the suit, the application under order 7 rule 11 of the code was rejected. As held
in Sopan Sukhdeo Sable V. Asstt. Charity Commr.8
• In Kuldeep Singh Pathania vs. Bikram Singh Jarya: – Court held has held that
for an Application under Order VII Rule 11 (a) of Code of Civil Procedure, only
the pleadings of the plaintiff can be looked into and neither the Written Statement
nor averments can be considered for enquiry
• Application for Rejection of Plaint under Order VII Rule 11 of the Code of Civil
Procedure can be filed at any stage and the Court has to dispose of the same before
proceeding with the trial, the Apex Court has reiterated in K. ROJA VS. U. S.
RAYU…
• An order rejecting a plaint is a decree and hence is Appealable. Held in Bibhas
Mohan Mukherjee v. Hari Charan Banerjee9 AIR 1961Cal 491 (FB).

Sample Application of rejection of plaint under Order 7 Rule 11

IN THE COURT OF THE LD. …………. CIVIL JUDGE, ( Sr.Dv) at (District Name)

T.S.No.-…………. of …………….

……………………. …………………………..Plaintiff

VS

7
AIR 1971 AP 313
8
AIR 2004 SC 569 (572).
9
AIR 1961CAL 491 (FB)

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…………………………………………………….Defendant

An application under Order 7 Rule 11 r/w section 151 of CPC

1. That the plaintiff has filed this suit purportedly for eviction of the defendant and
for damages.

2. That primarily the allegations of the plaintiff is that the father of the plaintiff-Late
Sivaji Sen, Director of M/S PEC Boilers(Pvt)Ltd was the original tenant and he
undertook before hs untimely death to vacate the suit premises by the year 2003.

3. That it is the further case of the plaintiff that as the original tenant having not
extended the tenancy before his death, the said tenancy comes to end with his
death on ……….

4. That it s the further case of the plaintiff that the rate of rent of the suit premises
having been more that Rs 6500/-, he is not eligible for protection under West
Bengal Premises of Tenancy Act and he is liable to be evicted under the provision
of section 106 of Transfer of Property Act.

5. That the plaintiff has further contended that he has already sent a notice
determining the tenancy u/s 106 of the Transfer of Property Act and hence the
instant suit has been filed under the provisions of Transfer of Property Act.

6. That the plaintiff on the other hand has categorically contended in his pleading
vide paragraph no.11 that the defendant is not a tenant. The relevant portion of the
pleading has been reproduced here as follows- “ That the defendant hs left the said
premises and has been residing elsewhere and in all material times the portion of
the said tenancy is lying vacant thereby he has no legal right to occupy the
premises and cause inconvenience to the plaintiff. More so, at no point of time the
defendant asked the plaintiff to transfer the tenancy in his name and nor he has
paid or tendered full amount of rent thereby there is no landlord-tenancy
relationship between the plaintiff and the defendant. The defendant is thereby
occupying the suit premises in an unlawful manner.’’

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7. That the plaintiff has also stated in his pleading that the defendant is illegally
occupying the suit premises as a trespasser. Therefore according to the plaintiff the
defendant is a trespasser.

8. That on the basis of the unequivocal contention of the plaintiff that the defendant s
not a tenant at all and there is no relationship of landlord and the tenant, this suit
has got no legs to stand.

9. That the plaintiff having conceded the defendant as not a tenant, rather a
trespasser, the present sut for eviction of the defendant under the Provision of
Transfer of Property Act is totally barred by law.

10. That because of this contention the present suit for eviction of the defendant does
not disclose any cause of action.

11. That on the bare perusal of the pleading of the plaintiff it becomes quite clear that
the plaintiff does not consider the defendant as a tenant and on the contrary he has
clearly contended that such relationship is absolutely absent between the parties
herein. According to the plaintiff the defendant is rather a trespasser.

12. That if that being the case of the plaintiff then the present suit under the provision
of the Transfer of Puppetry Act can not surely be maintainable as having not only
barred by law but also having disclosing no cause of action to sue the defendant
under the provision of the Transfer of Property Act.

13. That it is the established principle of law that while considering the question of
rejection of plaint, the court needs to peruse the plaint only and on bare perusal t
becomes quite clear that the plaint does not disclose any cause of action ro is
barred by law then the court need not look into any other document and the suit
should be nipped in the bud.

14. That while considering this aspect the court should be careful to look beyond the
clever drafting and see on the root of the case as to whether the plaintiff has any
cause of action or not. The provision of rejection of plaint has been enacted to
discourage the litigants from flooding the courts with frivolous and vexatious
claims. Whenever the court even on its own motion finds a suit to be deficient in

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 having a cause of action, such suit should be rejected so that there is no more any
abuse of the process of the court.

15. That the court can reject a plaint at any stage of proceeding if it is satisfied that the
conditions of the provision is satisfied. Clever drafting creating an illusion of
cause of action are not permitted in law and a clear right to sue must be shown in
the plaint. Moreover, the power under order 7 rule 11 is not exhaustive and the
court has got inherent powers to see that the vexatious litigations are not allowed
to take or consume the time of the court. It is needless to submit that the provision
for rejection of plaint is mandatory and the court is bound to act if the plaint is
found to be lacking in cause of action or debarred to proceed ahead by any
provision of law.

16. That if that being the position in law then in the context of pleading of the plaintiff
this suit can not be allowed to proceed ahead and the plaint should be rejected
having disclosing no cause of action to sue under the provision of Transfer of
Property Act.

17. That the present petition s bona fide and for ends of justice.

18. That the petitioner would be prejudiced if the prayer for rejection of plaint is
rejected. For ends of justice this petition be allowed.

In the circumstances mentioned above it is therefore be prayed that your honour be pleased to
reject the plaint as provided for under the provision of order 7 rule 11 of cpc. And to pass
such other order as deemed fit and proper.

AFFIDAVIT

I Sri …………s/o …………………., aged about XX years , by faith hindu, by profession –

business , resident of …………………………, do hereby solemnly affirm and declare as
follows:-

1. That I am the plaintiff of this case and as such I am fully conversant with the facts
and circumstances of the same.

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 2. That the statements mentioned above are true to my knowledge and belief.

Deponent

Identified by me

Advocate

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 CONCLUSION

Pleadings are the backbone of every civil suit. Pleadings can be in Plaint or Written
Statements form. Pleading has an important place in the administration of justice and judicial
processes. When the suit or case is brought in the court of law we have to give facts of the
case in the court and this what we give in the court of law is technically called pleadings.
What we played in the court is called pleadings. The judicial process is only accelerated by
the pleadings in civil matters. Amendment of pleadings means the alteration, modifications &
amendment in original pleadings by an application to the court. For avoiding multiplicity of
suits, the court allows application of the amendment of pleadings. But it is true that the
amendment of pleadings is a major reason for the delay in the justice. The court should allow
applications for an amendment which is made in good faith and determine the real question
of controversy between the parties. The court should not allow an application which is made
with the mala fide intention or to delay the proceedings. Amendments of Pleadings is a good
law to correct mistakes in pleadings but it should be allowed with due care and diligence.

The plaint is a concept that emerged in the field of law for the better knowledge of the point
of conflict and facts so that effective and well-informed decisions can be delivered. The
concept of plaint is required in the commercial and civil matters which are dealt with by the
commercial and civil courts. But the plaint has increased the complexity of the process and
may make it tough to file the suit for legal remedy by the common people. It is also a time
taking process due to which people are dissatisfied with this concept of plaint.

Due to the presence of many orders and rules under the provision of the Code of Civil
Procedure for the regulation of plaint rejection, formation, and drafting of the plaint brings a
lot of chaos in the civil system.

In my opinion, a plaint helps in improving the knowledge of facts and points of conflict.
However, simplifying the regulations under the provisions of C.P.C will make it easier for a
layman to file the suit. Otherwise filing a plaint with a lot of regulation is quite difficult. So,
instead of scrapping the concept of plaints itself, the regulation under several provisions of
the law should be reduced.

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 REFERENCES

1. https://blog.ipleaders.in/sample-plaint-civil-procedure-code/
2. https://indianjudiciarynotes.com/notes/drafting-and-pleading/pleading-under-
drafting-and-pleading/
3. http://lawfaculty.du.ac.in/files/course_material/V_Term/502%20-
%20Drafting,%20Pleadings,%20and%20Conveyancing%20(1).pd
4. https://blog.ipleaders.in/amendments-of-pleadings-cpc/
5. https://www.icsi.edu/media/webmodules/Drafting_Apperances_Pleadings_Ne
wSyllabus.pdf.pdf
6. https://www.academia.edu/36562375/Drafting_Pleading_and_Conveyance

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