What is Plaint? Describe its Necessary Contents?

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What is plaint? Describe its necessary contents?

Plaint:

Plaint is a memorial by the plaintiff in which he pleads facts and claims relief on the basis of such facts.

Section 26 CPC:

Every suit shall be instituted with the presentation of plaint or in such other manner as may be prescribed.

Orders 4(1):

Every suit shall be instituted by presenting a plaint to the court or to such officer as he appoints in this behalf.

Importance:

  • Starts the suit.
  • Plaintiff describes all the facts which prompted him to file the said suit.
  • The plaintiff clearly describe the relief he is seeking from the court

Necessary contents:

  • Name of the court in which the suit is brought.
  • Name, description and place of residence of plaintiff.
  • Name, description and place of residence of defendant (so far it can be ascertained)
  • Where plaintiff or defendant is a minor, a statement to that effect
  • Facts constituting cause of action
  • When cause of action arose
  • Facts showing that court has jurisdiction
  • Relief claimed by plaintiff
  • If plaintiff has allowed a set of at a portion relinquished, the amount so allowed or relinquished.
  • A statement of the value of subject matter of suit for the purpose of jurisdiction and court fee.
  • Shall be signed
  • Verification at the foot by the plaintiff or by any other person acquainted with the facts of the case.
  • In verification it should be given number of paragraph true to his knowledge and paragraph what he believes to be true upon information given.

Other rules regarding pleadings:

  • Party should give all the material facts on which he relies for claim or defence
  • Only facts should be stated not the law
  • Should state the facts and not the evidence on which the party relies.
  • Not to allege any fact which the law presumes in favour of any party. It is for the party you want to displace such presumption to plead such effect.

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