PLAINTIFF
TheĀ Plaint is a document for instituting a suit in the proper court of law.it is very important, to draft by the advocate with the consultation of his client. under section 26 of the c.p.c, every suit shall be instituted by the presentation of the plaint. In the plaint, the plaintiff should allege facts about his cause of action. A plant that is presented to a civil court of appropriate jurisdiction contains everything, including facts to relief that the plaintiff expects to obtain.
The plaint is defined in order 7 of CPC. Rules 1 to 8 of order relate to particulars in a plaint. Rule 9 lays down the procedure for plaint being admitted. Whereas rules 10 to 10-B provide for the return of plaint, and appearance of parties, rules 11 to 13 deal with rejection of the plaint. Rules 14 to 17 contain provisions for the production of documents. Order 7should be read with section 26 of the code.
Every plant shall contain some particularsĀ
- Name of the court in which the suit is brought.
- The name, description, and place of residence of the plaintiff.
- (Here description means age, fathers name, total particulars of plaintiff)
- The name, description, and place of residence of the defendant.
- In the case of more than one plaintiff, the name of each concerned plaintiff should be given numbering as 1,2,3.
- In case the plaintiff or defendant is a minor or a person of unsound mind, that statement is also mentioned here.
- The facts which are constituting the cause of action, and when it arises.
- Court jurisdictionĀ
- The relief what the plaintiff is claiming
- The statement of the value of the subject matter of the suit for the purpose of jurisdiction and court fees admitsĀ
- Relief or prayer. ( according to rule 1(g) of order v11 0f the CPC the plaint shall contain the relief which the plaintiff claims. In a civil suit, different kinds of reliefs can be claimed.
- Ex: recovery of debt, damages,possession & declaration of title. declaration of any right for specific performance., injunction, rendering of account, the appointment of a receiver).:
- Signature &Ā Ā verification .
- (as per order v1, rule14 of the CPC every plaint shall be signed by the plaintiff and his advocate. In case of the plaintiff is illiterate and cannot make a signature, on that time he may put his thumb mark on the plaint)
- Who can verifyĀ
- By the party ( in case of single)
- By one of the parties ( in case of several parties)
- By a third person who is proved to the satisfaction of the court
- In case suit against the corporation āby the secretary or any director or principal officer of the corporation.
- In case suit against a minor or disabled person ā-verified by any authorized person or guardian, or next person who may become a plaintiff.
- In case an idolāā a trustee or legally authorized person or a representative appointed under order 1 rule 8 of the CPC. .
Grounds for rejection of plaint
- Where it does not disclose a cause of action.
- Where the relief claimed is undervaluedĀ
- No stampingĀ
- Time is barred by any law.Ā
- Where it is not filed in duplicate.
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