Plaint [CPC 05]
A civil suit is instituted via a plaint, based on the claims of a plaint the opposite party replies and thus starts a civil suit. It is essential to understand the basics of plaint to avoid any problem in the trial stage. Let’s have a look at the important matters of a plaint.
What is a plaint?
A plaint is a legal instrument that contains the facts and claims of the plaintiff and initiates a civil suit. A plaint is a pleadings. Where there is a suit there must be a plaint. Under section 26 of code of civil procedure, it is mentioned that every suit shall be instituted by the presentation of a plaint or such other manner as may be prescribed and those manners are listed under the rules of Order VII.
Institution procedure of a civil suit via plaint
- The plaint must be presented before an authorised court official (known as Shrestha) to accept it and register it to a register book.
- The plaintiff shall give summon to all the defendants via the concerning court and he shall bear the cost of the summons
- The plaintiff shall provide a true copy of plaint to each of the defendants with the summon notice.
- Proper court fees should be provided at that time
- Every plaint shall comply with the rules of contained under Order VI and Order VII of the Code of Civil Procedure, 1908 so far they are applicable.
Essential elements of a plaint
A plaint must comply with the rules of Order VI & VII as per rule 1(2) or order IV of The Code of Civil Procedure 1908. Moreover there are some elements that are also essential for a plaint where required. Here are a few important elements of planes among others.
- Every plaint shall contain the statement of material fact which is necessary for the claim or defence it should not include evidence. [Rule 2]
- It shall be signed by the party and his pleader if a party fails to do so due to absence or any other good reason, it might be signed by a duly authorised person by that party. [Rule 14]
- A plaint shall contain a verification at the end part of the pleadings by the party or some other person who is acquainted with the fact of the case. [Rule 15]
- Every plaint shall contain the name of the particular court in which the suit is brought. [Rule 1(a)]
- It shall contain the name, description and place of residence of the plaintiff and the defends. [Rule 1(b & c)]
- A plaint shall contain the statement of unsoundness for minority or minority in case the plaintiff or the defendant belongs to either of the categories. [Rule 1(d)]
- Every plaint shall contain the fact constituting the cause of action and where it arises. [Rule 1(e)]
- It must contain the facts showing that the jurisdiction of the court. [Rule 1(f)]
- Every plaint shall contain statements regarding the value of the subject matter to determine the jurisdiction of the court and to determine the course fees. [Rule 1(i)]
- Every plaint shall contain the relief claimed by the plaintiff. [Rule 1(g)]
- If the suit is for recovery of money then the precise claim amount must be there. [Rule 2]
- Where it is a suit for accounts or mesne profit or movable in the possession of the defendant which cannot be determined with precise value then the approximate value must be given. [Rule 2]
- Where the subject of the suit is an immovable property then the sufficient description of the boundaries, as well as the record of rights must be included. [Rule 3]
- When the suit is time-barred then the grounds of exemption must be added. [Rule 6]
- When the document based on which the claim is presented, true copy of those documents must be attached, where the copies of those documents are not in the position of the plaintiff than a list of description of those documents must be made with the information of the current holder of the documents. [Rule 1(a)]
- The Relief must be specifically stated. [Rule 7]
- Where the plaintiff files a suit in a representative capacity that must properly stated with the mention of required legal procedure. [Rule 4]
By now you have an idea of a plaint but wouldn’t it be better to get a draft of a plaint? please have a look here: Declaration and recovery of possession; Plaint
Return off plaints
When the suit is presented before the court and court returned it not entertaining it due to some mistake is known as return of plaint.
When the suit is filed in a court without the jurisdiction or in a wrong jurisdiction or in a wrong time then the court before which the plaint is presented shall return the paint.
Plaint could be returned when presented;
- in a wrong forum,
- in a wrong Court or in a court with not proper pecuniary jurisdiction,
- When barred by time.
These provisions are given under order VII, rule 10 of the Code of Civil Procedure, 1908
In which stage?
A plaint can be returned at any time before judgement, rule 10 or order 7 to stated that a plaint can be returned at any stage of the suit
The court shall endorse the date of presentation of the suit and the date of Return, it shall also give a description as to why the plaint is returned.
Remedies against the return of plaint
- The plaintiff could present the suit to the proper court
- Return of plaint is an appealable order as mentioned under section 104 & order 43, rule 1 of the code, therefore plaintiff may present is plaint to a proper Court maintaining the laws regarding limitation.
Rejection of plaint
When the elements of plaint are missing or where the proper process is not maintained, the court shall reject the plaint.
The laws regarding the rejection of plaint have given under rule 11 of Order VII of the code of civil procedure 1908.
Grounds for rejection of a plaint
- Missing cause of action:
When the plaint does not disclose a cause of action then it shall be rejected.
- Undervalued relief:
When the relief claim by the plaintiff is undervalued, the court shall give the plaintiff time to correct the plaint but if the plaintiff failed to do so then the plaint should be rejected.
- Insufficient stamp:
In a case where the suit is properly valued but insufficiently stamped than the court shell order to provide sufficient stamp to the party but if the party fails to do so it shall result the rejection of the plaint.
- Barred by law or other legal reason:
A suit can be barred by law in several occasion, whether the bar is provided under the law or by president whether express or implied
- When any necessary procedure is missing:
Where the plaintiff fails to present the required process fee for service of summon than that plaint can be rejected. As held based on rule 9(1A) of order VII by The Kolkata High Court in 1924 which is later adopted by the Appellate Division of Bangladesh Supreme Court [4 BLT (AD) 82].
- Plaint rejected under section 151
When order 7 is not sufficient in the opinion of the judge and rejection of plaint is necessary for the end of justice the court may invoke its inherent power under section 151 of the CPC.
For rejection of plaint drafting; read: Petition for Rejection of Plaint
Remedies of rejection of a plaint
There are three remedies of rejection of a plaint
According to Section 2(2) of the Code of Civil Procedure an order of rejection of plaint is a decree, and we know a degree appealable order so an appeal can be filed under the section 96 of CPC by the aggrieved party.
In rule 13 of order 7, it stated rejection of plaint by itself does not preclude the plaint from presenting a fresh suit, that means there could be a new suit for the same cause of action and for the same relief wanted against the same Party by removing the faults of the previously rejected plaint.
In Radha vs. Durga [47 DLR 360] held that in an appropriate case a plaint can be reinstalled causing the legal instrument of section 151 of CPC.
Amendment of plaint
A plaint is also a pleadings, therefore the rules of amendment of pleadings are also applicable for amendment of plaint, please read this article of amendment of pleadings to know more about an amendment of plaint.
Hope this article helped you to have an overall idea of plaint and institution of a civil suit under the Code of Civil Procedure, 1908. If you need to understand the steps of civil suit you may like to read our article, Stages of a Civil Suit [CPC 101], Stay connected, soon we will be publishing necessary drafting for plaint.