DR.

RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

LUCKNOW

SEMESTER VI
(2015-16)
DRAFTING, PLEADING AND CONVEYANCING

TYPES OF PLAINTS AND THE EFFECT OF DELAY IN FILING

OF PLAINTS IN CERTAIN CASES
(FOR THE PARTIAL FULFILLMENT OF THE DEGREE OF B.A. LLB (HON))

SUBMITTED BY

GARIMA PARAKH

SUBMITTED TO

MS. SHAKUNTALA

SANGAM
ROLL NO.

57

ASST. PROF (LAW)

ACKNOWLEDGEMENT

I would like to extend my sincere thanks to

My teacher and my mentor Prof. Shakuntala Sangam for giving me this opportunity to work on this
project and for her able guidance and advice,
Vice Chancellor, Dr. Gurdeep Singh Sir and Dean (Academics), Prof. C.M. Jariwala for their
encouragement and Enthusiasm;
My seniors for sharing their valuable tips;
And my classmates for their constant support.

TABLE OF CONTENTS
INTRODUCTION..................................................................................................................................1
ESSENTIAL REQUISITES OF A PLAINT..........................................................................................2
CONTENTS OF A PLAINT...................................................................................................................3
SAMPLE PLAINT...............................................................................................................................12
CONCLUSION.....................................................................................................................................15

INTRODUCTION

Plaint does not have a statutory definition. It means nothing more than a private memorial tendered to
court in which a person set forth his cause of action .the exhibition of an action in writing. The plaint
should contains the fact constituting the cause of action and the time when it arose of claim in writing
in field .hence plaint is a statement by the plaintiff in which he sets out his cause of action with all
necessary particulars .it is statement of claim and demands in writing. A plaint is the process by
which proceeding in the court is a plaint .a plaint is statement in the writing of a cause of action in
which the relief claimed is set out in detail. Section 26 of the code of civil procedure provides that
every suit shall be instituted by the presentation of plaint or in such other manner may be
prescribed .in every plaint, facts shall be proved by affidavit. Order VII deals with plaints and its
particulars.
The 'Law of Limitation' prescribes the time-limit for different suits within, which an aggrieved person
can approach the court for redress or justice. The suit, if filed after the exploration of time-limit, is
struck by the law of limitation. It's basically meant to protect the long and established user and to
indirectly punish persons who go into a long slumber over their rights. 1It is not necessary to mention
in every plaint in a suit that suit is within the period of limitation prescribed by the law limitation,
except where the suit is prima facie barred by limitation and there are some facts on the basis of
which the plaintiff claims that the suit is within limitation. The law prescribes different periods within
which a person who has a grievance should go to court. Rule 6 of Order VI of the CPC provides that
where the suit is instituted after the expiration the period prescribed by the law of limitation, the plaint
shall show the ground upon which exemption from such law is claimed.The period has been prescribed
in Schedule to the Act. Generally, it is as follows (a) 3 years for a suit relating to accounts,
contracts, declarations, decrees, suits relating to movable property, recovery of law suit under a
contract etc. (b) 12 years for suits relating to possession of immovable property and 30 years for
mortgaged property (c) One year for suit relating to torts (3 years for compensation in certain cases
(d) 30 to 90 days in case of appeals under Civil Procedure Code and Criminal Procedure Code.
Period of filing appeal and application can be extended if proper cause is shown (but not the suit)
[section 5].2
1 Justice S A Kaders Law of Limitation and Prescription (13th edn , Lexis Nexis 2011).
2 Justice S A Kaders Law of Limitation and Prescription (13th edn , Lexis Nexis 2011).

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ESSENTIAL REQUISITES OF A PLAINT

a) the name of the Court in which the suit is brought;
b) the name, description and place of residence of the plaintiff. Description includes
age, father's name, caste etc. To describe the plaintiff as residing in particular area of
a town is not a sufficient description of his residence. The full particulars of address
containing the house number, street number, name of the area and the name of the
village or town or city, and district and State with pin code number.
c) the name, description and place of residence of the defendant, so far as they can be
ascertained;d) where the plaintiff or the defendant is a minor or a person of unsound mind, a
statement to that effect;
e) the facts constituting the cause of action and when it arose;
f) that facts showing that the Court has jurisdiction;
g) the relief which the plaintiff claims;
h) were the plaintiff has allowed a set off or relinquishing a portion of his claim , the
amount so allowed or relinquished.
i) A statement of the value of the subject matter of the suit for the purpose of the
jurisdiction and court fee, so far as the case admit.
Additional Particulars in Certain Plaints

In the money suits: as per the RULE 2 ORDER VII of the CPC, were the plaintiff seeks the
recovery of money, the plaintiff shall state the precise amount claimed. But were the plaintiff
sues for mesne profits or for amount which will found due to him on talking unsettled account
of him and the defendant or for movable in the possession of the defendant ,or for debts of
which the value he cannot after the exercise of the reasonable diligence, estimate the plaintiff

shall state approximately the amount or value sued for.

Suits of immovable property: according to Order VII Rule 2 of the CPC, were the subject
matter is immovable property, the plaintiff shall contains a description of the property
sufficient to identify it and in case such property is identify by boundaries or number in a
record in a record of settlement or survey the plaintiff shall specify such boundaries or

numbers.
Order VII Rule 5: The plaintiff shall show that the defendant is or claims to be inserted in the
subject matter and that he is liable to be called upon the answer the plaintiffs demand

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 Order VII Rule 6: Were the suit instituted after expiration of the prescribed period by the law
of limitation, the plaint shall show the ground upon which exemption from such law is

claimed
Order XII Rule 7: Every paint shall state specifically the relief which the plaintiff claim either
simply or in the alternative and it shall not be necessary to ask general or other relief which

may always be given as the court may think just to the same extent as if it had been asked for
Order VII Rule 8: Were the plaintiff seeks the relief in respect of several distinct claims or
causes of action founded upon the separate and distinct ground, they shall be stated as far as

may be, separately and distinctly]

Order VII Rule 4 (Representative suits): It provides that were the plaintiff to sue in a
representative character the plaintiff shall show not only that he has an actual existing interest
in the subject matter, but that he has taken the step (if any) necessary to enable him to institute
a suit concerning it.

CONTENTS OF A PLAINT
(i)

Heading
Every plaint should be headed with the name of the Court in which the suit is
brought. Where it is necessary to state the particular jurisdiction of the Court in
which the suit is brought, the said jurisdiction ought to be stated below the name of
the Court. Thus, where a suit is brought in a subordinate Civil Court the heading
should be:

"In the Court of the Subordinate Judge at...."

Or "In the Court of the First Subordinate Judge at.
But where it is necessary to state the particular jurisdiction of the Court, the heading should run as
follows:
"In the Supreme
Court" "Original
Jurisdiction";
"In the High Court at......................................................."
'Ordinary Original Civil Jurisdiction1
or
'Extraordinary Original Civil Jurisdiction1
or

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'Admiralty
Jurisdiction' or
'Matrimonial
Jurisdiction' or
Testamentary and Intestate Jurisdiction
The suit is serially numbered after the plaint is presented the practice of the Subordinate Civil
Courts for the plaintiff to the name of the Court the nature of the suit and the year of the blank space
for the number of the suit to be filled up, e.g.
"Title Suit No. .....................................of 200..." or
"Money Suit No.................................... 200...
In the plaints on the original side of the High Court and the Su Court, only the number of the suit
with the year to be stated.'
ii) Title
a) Name of the parties
Then at the head of each plaint, the name of every plaint, and every defendant as far as
it can be ascertained, must be set out. The name together with the description, and place
of residence or business are| title or, the 'cause-title' of the suit. Under the rules of the
Supreme Co full names of both the plaintiff and the defendant must be given. If the
plaintiff is unable to give the full name of the defendant, it is better to state in the body
of the plaint that, inspite of his best endeavour, the plaintiff could not ascertain the full
name of the defendant. If there are two or more plaintiffs or two or more defendants, it
is convenient to number them serially and arrange them in the order convenieni for the
presentment of the case.
A Corporation must sue or be sued in its full corporate name. Partne may sue or be sued
in the firm name. Any person carrying on business in a name or style other than his own
name, may be sued in such name or style as if it were a firm name. The name of the next
friend or guardian of a minor or a person of unsound mind should be mentioned in the
cause-title. An idol may sue or be sued in the name of its shebaits or in its own name by
or through its shebaits.
b) Description and place of residence of the parties

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Every plaintiff and every defendant should be so described in cause-title as to identify

him. The term 'description3 includes age, father's name, caste etc. To describe the
plaintiff as residing in particular area of a town is not sufficient description of his
residence. The full particulars of address containing the house number, street number,
me of the area , the name of the village or the town or city with the pin code number any
particulars as to fathers name caste. Thus A.B., solicitor of carrying on
business under the name of.at.. is sufficient description.
The capacity in which the plaintiff sues or the defendant is sued should ordinarily be set
out in the body of the plaint, although it is recognised that the cause-title is the
convenient place to state it. Dual capacity, as where the plaintiff sues in a representative
capacity as also in his own right, should clearly be stated if not in the cause-title, at least
in the body of the plaint.
The place of residence of the plaintiff or the defendant is to be stated in the plaint. Place
of residence however, can only apply to personal actions. It cannot apply to a firm, a
Corporation or Government. Even in personal action, the place where a party carries on
business or personally works for gain may be, and, often is, stated instead of his place of
residence.
In the case of a Company registered under the Companies Act, the place where the
registered office of the Company is situate or where any of the branch offices of the
Company is situate may be stated according to the necessities of the case. It may be
stated
"A.B. a firm carrying on business at so-and-so and other places".
First present the names and full description of plaintiff(s). In next sentence mention
Versus' and subsequently mention the name and full description of defendant(s).
EXAMPLE SUIT FORMAT
(1)
In the court of munsif,.
Suit no. of 200
A.B. S/O. C.D.,
3

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Resident of 7
mahatama gandi road
Rajahmundry

plaintiff
Vs.

E.F. S.O. G.H.,

Resident of 15,
Danwaipet
Rajahmundry

defendant

(c) Description of parties in particular suits:

1) Union of India
2) The State of
3) A.B. (add description and residence), duly authorised by CD, a soldier (sailor or
airman, as the case may be) actually serving
at..................
4) The Administrator General of ...........................................................
5) The Advocate-General of ......................................................
6)

The Collector of...............................................................

7) .................... The Ambassador of ..............................................

8) A.B., Official Receiver, as Receiver of the estate of ,1

9) A.B., Official Assignee, and the assignee of the estate and the effects of C,
insolvent.
10) The A.B. Company Ltd., having its registered office at
(iii) Body of the plaint
In the body of the plaint, the plaintiff states about his claim and other matter which he is
legally required to state. It is drawn up in the narrative form in the third person and
divided into small paragraphs, each containing ordinarily one fact only. They should be
consecutively numbered dates and number should be expressed in figure.
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(a) Beginning
The body of the plaint begins with the word,the above named plaintiff states as
follow or the plaintiff states as follow.
(b) Matters of Inducement
It is permissible and customary to mention in the first paragraph of the plaint an
introductory and prefatory averments 'stating who the parties are, what business they
carry on, how they are related or connected, and other surrounding circumstances
leading up to the dispute'. These are called matters of inducement; they are useful
because they explain what follows, though they are not essential to the cause of action.
In any case they should be stated as concisely as possible.
(c) The facts constituting the Cause of Action
Next, the facts constituting the cause of action must be stated in the plaint. 'Cause of
action' means the cause or the set of circumstances which lead up to a suit. The term
'cause of action1 as used in the Court means every fact which is necessary for the
plaintiff to prove in order to entitle him to a decree in a suit if traversed on his
pleading. It does not, however, comprise every piece of evidence which is necessary to
prove each fact, but every fact, which is necessary to be proved to entitle the plaintiff
to a decree. It is, in other words, a bundle of essential facts which is necessary for the
plaintiff to prove before he can succeed in the suit. The cause of action is antecedent to
the institution of the suit, and every plaint must disclose a cause of action when alone
the Court will be able to proceed to a determination of the dispute.
In Sidrannappa v. Rajashetty,4 the Supreme Court has held that it is not only necessary
that the facts which entitled the plaintiffs to the right to claim must be the same but
that infringement of his right at the hands of defendant must be the outcome of the
same transaction.
Order II Rule 1: The first principle with regard to cause of action in framing a suit is that as far as
practicable should be so framed as to afford ground for final decision of the subjects in dispute and to
prevent further litigation concerning them.
Order II Rule 2: The second principle being analogous to the first is directed against splitting up a
cause of action. It requires that every suit shall include the whole of the claim which a plaintiff is
4 AIR 1970 SC 1059

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entitled to make in respect of a cause of action. The cause of action is distinguishable from the
transaction giving rise to it. One transaction may give rise to several causes of action and the law
does not require that all such causes of action must be joined in one suit. However, the plaintiff is at
liberty to unite in one suit as many causes of action against a defendant as he likes. Where the
plaintiff seeks relief in respect of several distinct causes of action founded upon separate and distinct
grounds, they shall be stated as far as may be separately and distinctly.
Order VII Rule 2: Where the plaintiff seeks the recovery of money, the plaint shall state the precise
amount claimed. But where the plaintiff sues for mesne profits or for an amount which will be found
due to him on taking unsettled accounts between him and the defendant, the plaint shall state
approximately the amount sued for.|
Order VII Rule 3: Where the subject-matter of the suit is immovable property, the plaint shall contain
a description of the property sufficient to identify it, and, in case such property can be identified by
boundaries or numbers in a record of settlement of survey, the plaint shall specify such boundaries or
numbers.
(d) Date of cause of action
Rule 1(e) of Order VII of the CPC requires that particulars of facts constituting the
cause of action and when it arose should be given. Hence, it is necessary for the
plaintiff to state specifically when the cause of action for the suit arose. This is
intended to enable the Court or the defendant to ascertain from the plaint whether
there is a cause of action and whether it is not barred by the law of limitation. The
date of the cause of action should be actually given.
The Code of Civil Procedure does not lay down any law as to the date of the accrual
of the cause of action. The date of the accrual of the cause of action means the date
of that event which makes the cause of action for the suit complete, to be more
Practical the date of that event which gives the plaintiff right to suit e.g. in case of
breach of contract, the date of the of the contract.

It is not always easy to determine on which date the cause 0f action for a suit arose.
Some typical instances of accrual of cause of action are as follows:

i) In the suit for damages for breach of contract, the cause of action arises on the date
of breach.
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ii) In suits for damages for tort, the cause of action arises on mthe date when the tort
was committed.
iii) In suits for ejectment, the cause of action arises on the date on which plaintiffs
right to sue accrued.
iv) In suits for possession of property alienated by Hindu widow the cause of action
arises on the date of death of the widow.
v) In the suit for money due on pronote, the cause of action arises on the date of the
pronote.
vi) In suits on series of loan, the cause of action arises on the day each loan is taken.
When the plaint does not specify the date when the cause o action arose, it is the duty
of the Judge to find out from facts stated in the plaint as to when the cause of action
arose. Even where the plaint states the date of cause of action, the plaintiff cannot be
tied down to the said date, and the Court is entitled to determine the date on which
the cause of action arose from the facts alleged and proved.
(e) Grounds of exemption from Limitation Law
It is not necessary to mention in every plaint in a suit that suit is within the period of
limitation prescribed by the law limitation, except where the suit is prima facie barred
by limitation and there are some facts on the basis of which the plaintiff claims that the
suit is within limitation. Rule 6 of Order VI of the CPC provides that where the suit is
instituted after the expiration the period prescribed by the law of limitation, the plaint
shall show the ground upon which exemption from such law is claimed.
For example were the day on which limitation expires is a holiday and the suits is
filled on the next working day, the plaintiff may state this fact in the plaint
(f) The facts showing that the Court has jurisdiction
Sections 15 to 20 and Clause (f) of Rule 1 of Order VII of the CPC states that the
plaint shall contain the facts showing that the Court has jurisdiction. The plaintiff must
plead facts showing that the Court has jurisdiction pecuniary, territorial and over the
subject-matter. If the jurisdiction depends upon the place where the cause of action
arose either wholly or in part, the plaintiff must plead facts showing that the cause of
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action arose partly or wholly within the jurisdiction. If plaintiff relies upon the
defendant's residence or place of business as giving jurisdiction, the fact that the
defendant's place of residence or place of business is within the jurisdiction should be
stated in the body of the plaint.
Generally speaking, this paragraph should be framed in any one of the following ways, as the case
may be:
"The defendant resides at..................................................................within the jurisdiction of this
Court", (or)
"The property in respect of which this suit is brought lies within the jurisdiction of the Court" (or
"The bond was executed and money borrowed at .............. within the jurisdiction of the Court" (or)
"The

money

payable

under

the

contract

was

made

payable

at

within the jurisdiction of this Court" (or) "The defendant caused the wrong complained of in
this plaint at within the jurisdiction of this Court".
The principles of the jurisdiction of Court are:
(1) Every suit shall be instituted in the Court of the lowest grade competent to try it [Sec. 15 of the
CPC].
Subject to the pecuniary or other limitations prescribed by any law, suits
a ) for the recovery of immovable property with or without rent or profits;
b) for the partition of immovable property;
c) for foreclosure sale or redemption in the case of a mortgage of or charge upon immovable
property;
d) for the determination of any other right to or interest in immovable property;
e) for compensation for wrong to immovable property;
f)

for

the

recovery

of

movable

property

actually

under

distraint

or attachment;
shall be instituted in the Court within the local limits of whose jurisdiction the property is situate:

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Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable property
held by or on behalf of the defendant may, where the relief sought can be entirely obtained through
his personal obedience, be instituted either in the court within the local limits of whose jurisdiction,
the property is situated, or it can also be filed in the Court within the local limits of whose jurisdiction
the defendant actually and voluntarily resides or carries on the business, or personally works for gain.
3) Sec. 17: Where a suit is to obtain relief respecting, or compensation for wrong to, immovable
property situate within the jurisdiction of different Courts, the suit may be instituted in any
Court within the local limits of whose jurisdiction any portion of the property is situate:
Provided that, in respect of the value of the subject-matter of the suit, the entire claim is
cognizable by such Court.
4) Where it is alleged to be uncertain within the local limits of the jurisdiction of which of two or
more Courts any immovable property is situate, any one of those Courts may, if satisfied that
there is ground for the alleged uncertainty, record a statement to that effect and thereupon
proceed to entertain and dispose of any suit relating to that property, and its decree in the suit
shall have the same effect as if the property were situate within the local limits of its jurisdiction.
(h) Relief or the prayer
According to Rule 1(g) of Order VII of the CPC the plaint shall contain the relief
which the plaintiff claims. In a civil suit different kinds of reliefs can be claimed e.g.
recovery of debt, damages, possession of a declaration of title to immovable property,
declaration of any right specific performance, injunction, rendering of account,
appointment of receiver etc. In a plaint, the plaintiff may claim any one or more of
such reliefs either simply or in the alternative. The reliefs claimed cannot be
supplemented by oral prayer nor can a Court allow more than the claimed. Where any
plaintiff omits to state any relief he will have to make an application for amendment
within the period of limitation for adding that relief.
Under Rule 2 of Order II of the CPC, if a plaint can claim more than one relief on the
same cause of action, he must claim ail, otherwise he shall not be entitled to bring a
new suit for the omitted relief unless the omission in the first suit was with the leave of
the Court. The only exemption is in respect of a mortgage suit where a suit for sale
may be brought later though the previous suit was for personal decree only under Rule
14 of Order XXXIV of the CPC.

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It is not necessary to ask for general or other relief which may always be given as the
Court may think just to the same extent as it had been asked for. Where the plaintiff
claims more than what he is entitled to, the Court will not dismiss the suit but give the
plaintiff only such relief as he is entitled to.Where the plaintiff claims less than what
he is entitled, the Court will not grant him any relief he has not specifically claimed
unless the plaint is amended before the judgment. But the Court should not refuse to
grant a relief not specifically claimed i n the plaint, if such relief is obviously required
by the nature of the case.
(iv) Last part of the Plaint: Signature and verification
Order VI, Rule 14 of the Civil Procedure Code provides that every plaint (pleading) shall
be signed by the plaintiff and his advocate. Where a plaintiff is illiterate and cannot make
signature, he may put his thumb mark on the plaintiff.
But where a plaintiff is, by reason of absence or for any other good cause, unable to sign
the plaint it may be signed by any person duly authorised by him to sign the same or to
sue on his behalf.
The signature of the plaintiff should be under the body of the plaint should be like the
following:
Xxx
signature
plaint drawn by
xxx
signature of the plaintiffs advocate

SAMPLE PLAINT
In the Court of Civil Judge Class - I at Indore
Suit No. / 20.
A. B. s/o B. C.
123, A B Road, Indore, MP

......................................... Plaintiff

Vs.
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M. N. s/o O. P.
456, A B Road, Indore, MP

......................................... Respondent

Suit for Specific Performance of Contract to sell a residential plot

The plaintiff respectfully states as follows : Inducement:
(1) Plaintiff is a Govt. Servant working in Indore, MP. and so on
(2) Respondent is a property broker having an office at ...
Material Facts of the case:
(3) The plaintiff agreed with the respondent on 10 Aug 2008 to purchase the Plot No 123 at Rani
Bagh Colony, Indore. A copy of the contract is attached with the petition.
(4) The boundaries of the plot is as under:
East: Road
West: Plot number 124
North: Road
South: Colony wall
(4) The total value of the plot to be paid by the plaintiff to the respondent, as agreed upon in the
contract, is Rs. 40,000/-.
(5) The respondent accepted a payment of 10,000/- though Check No. 123 of SBI, Indore Branch at
the time of making the contract and promised to do registry upon payment of remaining amount of
30,000/(5) The plaintiff tried to pay the remaining amount on several occasions by cash as well as check but
the respondent refused to take the payment.
(6) The plaintiff also sent a notice about the same to the respondent on 10/10/2009.
(7) The plaintiff is ready to pay the remaining amount of Rs 30,000/- but the respondent is not willing
to transfer the said plot.
Cause of Action and Limitation
(8) The cause of action for the present suit first arose on 10/10/2009, when the respondent refused to
convey the said property as per the terms of the agreement and hence, the suit filed today is within
time.
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Valuation:
9 The suit is valued for the purpose of jurisdiction and court-fee at Rs. 30000/-.
Jurisdiction:
(10) The plot is located in Indore, which is within this court's territorial jurisdiction.
(11) The value of the contract is 40,000/- which is within this court's pecuniary jurisdiction.
Relief Claimed:
(12) The plaintiff, there fore prays that

1. the court be pleased to order the respondent to perform his part of the contract by accepting
the remaining payment and conveying the said plot to the plaintiff.
2. the plaintiff be permitted to deposit the balance of consideration in this Hon'ble Court.
3. the respondent be ordered to pay compensation for mental harrasment, loss of wages, and cost
of this litigation.

Place: .

(Signature of the plaintiff)

Date: ..

YYY
Advocate

Verification

I, ______, do hereby solomnly verify that the contents from paras 1 to 4 are correct and true to the
best of my knowledge and contents from para 5 to 12 are based on legal advice, which I believe to be
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correct.

Affirmed

at

Indore

this

4th

Day

of

September

2009.

(Signature)
Plaintiff

CONCLUSION
A plaint is the process by which proceeding in the court is a plaint .a plaint is statement in the
writing of a cause of action in which the relief claimed is set out in detail. Section 26 of the code of
civil procedure provides that every suit shall be instituted by the presentation of plaint or in such
other manner may be prescribed .in every plaint, facts shall be proved by affidavit. Further the plaint
meant to give fair information about once case to opponent. The purpose is to provide a brief
summary of the case and to assist the court to decide the dispute effectively.

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