This article is written by Ritik Chaurasiya,College – LC-1 ( 1st Year ) Course – LLB ,during his internship with Le Droit India.
Abstract
To institute to civil suit, it is mandatory that a plaint must be filled. Plain is the founding brick of a civil suit. If a plaint is not filed, then in most of the cases suit can not be instituted. There are certain cases where a civil suit can be brought without filing a suit, but that’s an exception. Order 7 of the Civil Procedure code, 1963, deals with the Plaint. The particulars of a plaint are mentioned under Rule 1 to 8 of the order 7. In this article, we are going to discuss what are the important essentials of a plaint and what are the various grounds available for rejection of a Plaint and what are the aftermath of it.
Key words
Plaint, Civil Suit, Rejection of a Suit, Order 7 of CPC
- GENERAL
Rules 1 to 8 of Order 7 relate to particulars in a plaint. Rule 9 lays down procedure on plaint being admitted. Whereas Rules 10 to 10-B provide for return of plaint, and appearance of parties, Rules 11 to 13 deal with rejection of plaint. Rules 14 to 17 contain provisions for production of documents. Order 7 should be read with Section 26 of the Code.
Order 3 enables a party to appear in a court either in person, or a recognised agent or through a pleader. Through Order 5 deals with summons to a defendant. It contains provisions regarding issuance and service of summons. This order should be read with Sections 27 to 29 of the Code.
Order 8 enacts law relating to a written statement. Rules 1 to 5 and 7 to 10 require particulars to be stated in written statement, grounds of defence and production of documents. Rules 6 and 6-A to 6-G deal with doctrines of set-off and counterclaim respectively.
- PLAINT: ORDER 7
- Meaning
The expression “plaint” has not been defined in the Code. However, it can be said to be a statement of claim, a document, by presentation of which the suit is instituted. Its object is to state the grounds upon which the assistance of the court is sought by the plaintiff. It is a pleading of the plaintiff.
- Particulars: Rules 1-8
Every plaint should contain the following particulars: The name of the court in which the suit is brought;” the name, description and place of residence of the plaintiff;” The name, description and place of residence of the defendant Where the plaintiff or defendant is a minor or a person of unsound mind, a statement to that effect;”
The facts constituting the cause of action and when it arose; the facts showing that the court has jurisdiction;”
- A statement of the value of the subject-matter of the suit for the purpose of jurisdiction and court fees;”
- The relicts claimed by the plaintiff, simply or in the alternative;
Where the plaintiff files a suit in a representative capacity, the facts showing that the plaintiff has an actual existing interest in the subject matter and that he has taken steps that may be necessary to enable him to file such a suit;
Where the plaintiff has allowed a set-off or relinquished a of his claim, the amount so allowed or relinquished portion;
Where the suit is for recovery of money, the precise amount claimed 15
- Where the suit is for accounts or mesne profits or for movables in the possession of the defendant or for debts which cannot be deter- mined, the approximate amount or value thereof;
- Where the subject-matter of the suit is immovable property a description of the property sufficient to identify it, e.g. boundaries, survey numbers, etc.;¹
- The interest and liability of the defendant in the subject-matter of the suit;
Where the suit is time-barred, the ground upon which the exemption from the law of limitation is claimed.
Let us consider some important aspects in detail:
- Parties to suit
There must be two parties in every suit, namely, the plaintiff and the defendant. There may, however, be more than one plaintiff one defendant. But there must be at least one plaintiff and one defendant in every suit. All particulars, such as name, father’s name, age, place of residence, etc., which are necessary to identify the parties, must be stated in the plaint. Or more than
(ii) Cause of action
Every suit presupposes the existence of a cause of action against the defendant because if there is no cause of action, the plaint will have to be rejected.
Even though the expression “cause of action” has not been defined the Code, it may be described as “a bundle of essential facts, which it is necessary for the plaintiff to prove before he can succeed”,or “which the plaintiff right to relief against the defendant”. Thus, “cause of action” means every fact, which it is necessary to establish to support a right or obtain a judgment.
“Cause of action means every fact which it would be necessary for the plain tiff to prove, if traversed, in order to support his right to the judgment of the court.”
Thus, in a suit for possession against the tenant on the ground of non-payment of rent, the period for which the tenant has been in default must be stated. So also in a suit on a promissory note on demand, it must be stated that in spite of the demand being made, no payment was made by the promise-defendant. Similarly, in a suit for damages for breach of contract, it must be stated that the contract was entered into between the plaintiff and the defendant and that the defendant had committed breach
- Rejection of plaint: Rule 11
The plaint will be rejected in the following cases:
- Where plaint does not disclose cause of action
If the plaint filed by the plaintiff does not disclose any cause of action, the court will reject it. But in order to reject the plaint on this ground, the court must look at the plaint and at nothing else.”
The power to reject a plaint on this ground should be exercised only if the court comes to the conclusion that even if all the allegations set out are proved, the plaintiff would not be entitled to any relief. In that case, the court will reject the plaint without issuing summons to in the plaint the defendants. The reading of the plaint should be meaningful and not formal.” But where the plaint does not disclose cause of action, clever drafting, ritual of repeating words or creation of an illusion cannot insert a cause of action in a plaint.
(ii) Where relief claimed is undervalued
Where the relief claimed by the plaintiff is undervalued and the valuation is not corrected within the time fixed or extended by the court, the plaint will be rejected.
In considering the question whether the suit is properly valued or not, the court must confine its attention to the plaint only and should not look at the other circumstances which may subsequently influence the judgment of the court as to the true value of the relief prayed for.
(iii) Where plaint is insufficiently stamped
Sometimes the relief claimed by the plaintiff is properly but the plaint is written upon a paper insufficiently stamped and the plaintiff fails to pay the requisite court fees within the time fixed or extended by the court. In that case, the plaint will be rejected. However, if the requisite court fee is paid within the time extended by the court, the suit or appeal.
Must be treated as instituted from the date of presentation of plaint memorandum of appeal for the purpose of limitation as well as payment of court fee.”
If the plaintiff cannot pay the court fees, he may apply to continue the suit as an indigent person.
(iv) Where suit is barred by law
Where the suit appears from the statements in the plaint to be barred by any law, the court will reject the plaint.
For instance, where in a suit against the government, the plaint does not state that a “notice” as required by Section 80 of the Code has been given, the plaint will be rejected under this clause. But where waiver of such notice is pleaded, the court cannot reject the plaint without giving the plaintiff an opportunity to establish that fact. Likewise, if the plaint itself shows that the claim is barred by limitation, the plaint can be rejected But if the question of limitation is connected with the merits of the case, the matter requires to be decided along with other issues.
It is the duty of the court to consider suo-moto whether a suit filed is barred by any law. In other words, the court is bound to consider such question whether such question is raised by the parties or not.
(v) Where plaint is not in duplicate
The plaint has to be filed in duplicate. If the said requirement is not comPlied with the plaint will be rejected.
(vi) Where there is non-compliance with statutory provisions
Where the plaintiff fails to comply with the provisions of Rule 9, the plaint will be rejected.
(vii) Other grounds The grounds for rejection of plaint specified in Rule 11 of Order 7
are not a if the plaint is signed by a person not authorised by the plaintiff and the defect is not cured within the time granted by the court, the plaint can be fee, not disclosing a clear right to sue, the court may reject the plaint under this rule.”
(ix) Procedure on rejection of plaint: Rule 12
Where a plaint is rejected by a court, the judge will pass an order to that effect and will record reasons for such rejection.
(x) Effect of rejection of plaint: Rule 13
If the plaint is rejected on any of the above grounds, the plaintiff is not thereby precluded from presenting a fresh plaint in respect of the same cause of action.
Conclusion
To conclude, plaint is the foundation of a civil suit. Order 7 of the Civil Procedure code governs the filing of a suit. However, mere filing of a Plaint doesn’t mean that a civil suit is instituted, for institution it is mandatory that the same must b accept in the court of law. If it is rejected, it will stand null. Civil Procedure Code in its Oder 7 have dealt with the concept of Plaint in order to govern the concept of filing and rejection of a Plaint. Plaint is filled for various reasons like for recovery of money or for any other cause of action. For some reasons which are mentioned above, the court is empowered to declare a plaint null and void and reject it.
