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.
