Bailabel Type : bailable

Description

Order 7 of the Civil Procedure Code (CPC) governs the procedure for the plaint—the formal written document filed by the plaintiff to initiate a civil suit. The plaint is the first step in a civil lawsuit and lays down the foundation of the plaintiff’s case. It contains the facts, the cause of action, and the relief sought by the plaintiff.

Key Provisions of Order 7 - Plaint

Order 7 outlines the contents of the plaint, the necessary formalities, and the procedures for filing it. The plaintiff must carefully follow these requirements when initiating a suit in court.

Rule 1: Institution of a Suit by Plaint

• Filing a Suit:
  A civil suit is instituted by filing a plaint in the appropriate court. The plaint must be presented in writing, signed by the plaintiff or their authorized agent (e.g., a lawyer), and should contain all necessary details to explain the plaintiff's claim.

• Jurisdiction:
  The suit must be filed in the court that has jurisdiction over the subject matter of the dispute (i.e., the court has the legal authority to hear the case). The plaintiff must ensure that the plaint is filed in the correct court.

Rule 2: Contents of a Plaint

• Essential Contents:
  The plaint must contain the following essential details:
  1. Title of the Suit: The names of the parties involved, with the plaintiff listed first, followed by the defendant.
  2. Cause of Action: A concise statement of the facts constituting the cause of action, i.e., the grounds on which the plaintiff's claim is based.
  3. Relief Sought: The specific relief or remedy that the plaintiff is seeking from the court, such as damages, injunction, specific performance, or declaration.
  4. Jurisdiction of the Court: The reason why the suit is being filed in a particular court, explaining the court's jurisdiction over the case.
  5. Date of Occurrence: The date when the cause of action arose (if known).
  The plaintiff is also required to state whether they have previously filed the same suit in any other court, and if so, the outcome of that suit.

Rule 3: Verification of Plaint

• Verification Requirement:
  The plaint must be verified by the plaintiff, confirming that the facts and statements in the plaint are true to the best of their knowledge. This verification is made in a prescribed form and is generally done at the end of the plaint.

• Signature of Plaintiff:
  The plaint must be signed by the plaintiff or their legal representative. If the plaintiff is not personally present, the plaint may be signed by an authorized agent.

Rule 4: Plaint to Be Divided into Paragraphs

• Organization of the Plaint:
  The plaint should be divided into paragraphs, with each paragraph containing a separate allegation of fact. This helps organize the information and makes it easier for the defendant to respond to the claims. The paragraphs must be numbered for clarity.

Rule 5: Plaint to Be Presented in Duplicate

• Filing of Duplicate Copies:
  The plaintiff must file the original plaint along with a duplicate copy. The court uses the duplicate copy to serve the summons to the defendant.

• Court Fees:
  The plaint should be accompanied by the appropriate court fee, which depends on the nature and value of the suit. Without the required court fees, the plaint may be rejected by the court.

Rule 6: Particulars of Plaint

• Specific Facts to be Stated:
  The plaint should contain specific details and facts relating to the case, including:
  • The date and place where the cause of action arose.
  • The facts supporting the plaintiff's claim, not just legal contentions.
  • A prayer for relief sought, indicating the specific remedy the plaintiff desires from the court.

Rule 7: Admission or Denial of a Contract

• Contract in the Plaint:
  If the plaintiff is suing based on a contract, the plaint must specify whether the contract has been admitted or denied by the other party. This is critical to proving the cause of action and providing clarity to the defendant.

Rule 8: Alternative Claims

• Alternative Claims:
  The plaintiff may plead alternative claims in their plaint. This means that the plaintiff can ask for multiple types of relief, depending on the court’s judgment. For instance, the plaintiff might request both a money judgment (for damages) and specific performance (for a contract to be executed), depending on the facts of the case.

Rule 9: Failure to File Plaint or Proceed with the Suit

• Consequences of Non-Compliance:
  If the plaintiff fails to file the plaint or take the necessary steps to proceed with the suit, the court may dismiss the suit or take other appropriate action.

Rule 10: Amendment of Plaint

• Right to Amend the Plaint:
  A party can amend the plaint at any time before the judgment is delivered. Amendments may be necessary to correct errors or add new facts or claims. However, such amendments should not cause injustice to the other party.

  • Court Permission:
    The court may grant permission to amend the plaint, but the amendments should be relevant and should not substantially change the nature of the case after the other party has responded.

Rule 11: Limitation Period

• Timely Filing of Plaint:
  The plaint must be filed within the limitation period prescribed by law. If the plaint is filed after the limitation period, the defendant can object to the suit, and the court may dismiss it.

Punishment

If the plaint is found to contain false, misleading, or fraudulent information, the plaintiff may face penalties or be charged with contempt of court.