PLAINT STRUCTURE

1. Heading and Title: Name of the court in which the suit is filed indicated at the top of the first
page. Heading of the plaint means the court in which the suit is instituted. Therefore the name of
the court has to come on the top of the plaint (Order VII, Rule 1(a)). If a court has various
jurisdictions the specific jurisdiction in which the suit is being instituted should be given below
the name of the court. For example:

IN THE COURT OF CIVIL JUDGE (Senior Division), ……….

OR

IN THE JUDICATURE OF HIGH COURT ……… Original Jurisdiction

Before the heading of the plaint proper space should be left for affixing court-fee stamp. Just
below the name of the court, a space should left for the number of the suit. It is as such

Suit No. ………….. of ………(Year)

Thereafter the names of the parties to the suit with all necessary particulars should be given. For
ex.:

AB s/o CD aged…………yrs, Resident of.............................................. Plaintiff

Versus

PQ s/o RS aged ……….Yrs, Resident of ………………………………… Defendant

If there are more plaintiff or defendant than the names of all plaintiffs/and defendant should be
given in plaint as plaintiff No. 1/defendant No.1 and so on.

After the names of the parties the title of the suit should be given for ex.

“Suit for specific performance and damages”

Or

“Suit for Recovery of money”

“Suit for damages for malicious prosecution”

Or

“Petition for Judicial Separation u/s 9 of the Hindu Marriage Act, 1955”

Where the plaintiff or defendant is a minor or a person of unsound mind, the fact should be
mentioned in the cause-title. At the same time the name and description to the person through
whom such person sues or sued should also be given in the cause-title. The forms given at No. 2
in Appendix A to the First Schedule of C.P.C. would be of special assistance in framing cause-
titles in particular cases. For example, if plaintiff or defendant is:

1) Individual person - AB S/o………Aged….. Res. of…………..

2) Proprietary concern - AB S/o………Aged….. Res. of…………..proprietor of MIs XYZ and

3) Partnership firm – M/s XYZ, a partnership firm registered under the Indian partnership Act,
1932 with its principal place of business at ………….

4) A company - M/s XYZ, Pvt. Ltd. A company incorporated under the companies Act having its
registered office at………….

5) Company in Liquidation - M/s XYZ Ltd. In liquidation through liquidator Mr. ABC having
office at ………….

6) Statutory Corporation - The Life Insurance Corporation of India established and constituted
under the Life Insurance Act, having its registered office at ………….

7) Municipality – Municipal Corporation of Delhi through its Chairman, Town Hall, Delhi.

8) Minor - AB S/o………Aged….. a minor through his father and natural guardian

2. Body of the Plaint: Then follows the body of the suit/plaint. The plaintiff acquaints the court
and defendant with the case. The statement of facts is divided into paragraphs numbered
consecutively. As far as convenient a paragraph should contain only one allegation. Dates, time
and numbers should be expressed in figures as well as in words. The body of plaint usually
begins thus:

‘The above named plaintiff states as follows:

1. That ………………………. Mogha in ‘The Law of Pleadin in India has divided the body of
the plaint into two parts (1) Substantive portion and (2) Formal portion. (1) Substantive portion
of the body of plaint is devoted to (i) statement of all facts constituting the cause of action and
(ii) the facts showing the defendant’s interest and liability. But, as already noted, often it is
desirable to start the plaint with certain introductory statements, called ‘matters of inducement’.

(2) Formal portion of the plaint shall state the following essential particulars:

(i) Date when the cause of action arose;

(ii) Statement of facts pertaining to jurisdiction;

(iii) Statement as to valuation of the suit for the purpose of jurisdiction and court fees and it
should be stated that the necessary court fee has been affixed;

(iv) Statement as to minority or insanity of a party or if he is representing some other body then
statement as to plaintiff’s representative character;

(v) When a suit is filed after the expiry the period of limitation a statement showing the ground
or grounds on which he has claimed exemption from Limitation Law;

(vi) Every relief sought for by the plaintiff should be accurately worded. Rule 7 says that every
plaint shall state specifically the relief which the plaintiff claims either simply or in the
alternative, and it shall not be necessary to ask for general or other relief which may always be
given as the Court may think just to the same extent as if it had been asked for. And the same rule
shall apply to any relief claimed by the defendant in his written statement. The plaintiff can claim
more than one relief, in the suit. He can seek reliefs alternatively. A plaintiff is entitled to claim
more than one relief in respect of the same cause of action should sue for all of them because he
is debarred from bringing a fresh suit in respect to the omitted relieves except when the omission
in the first suit was with the permission of the court [Order 2. Rule 2 (3) of C.P.C.];
(vii) Signature and Verification: The plaint must be signed by the plaintiff through advocate. But
if the plaintiff is, by reason of absence or for other good cause, unable to sign the plaint, it must
be signed by any person duly authorized by him to sign the same. The verification is done by the
plaintiff himself.

Verification

I…….. (Name), S/o Sri................... (Father’s name), the aforesaid plaintiff/defendant do hereby
verify that the contents of paragraphs …… to …. of the above plaint are true and correct within
my personal knowledge and that the contents of paras………..to ……. (mention the paras by
their number in the pleading) I believed to be true on information received.

Signed and verified this at ……….(Place) on this ………….. (Date) day of month/years.

Sd/- (Plaintiff/Defendant)

Affidavit should also be enclosed with plaint as provided under Order 6 Rule 15 (4) CPC, 1908.
All documents on which the plaintiff relies for his claim should be enclosed with a separate List
of Documents according to Order 7 Rule 14 (1) CPC, 1908.