Code of Civil Procedure, 1908 (CPC)
Plaint under the CPC: Meaning, Essential Particulars and Contents
The plaint is the foundation document of a civil suit. Everything that follows is measured against it: the court's jurisdiction, the issues framed, the evidence admitted, the relief granted and the bar on any later suit. The Code nowhere defines the word, but Order VII of the Code of Civil Procedure, 1908 prescribes exactly what a plaint must contain, and Order VI supplies the rules of pleading that govern how those contents are stated. These notes cover the meaning of a plaint, each particular required by Rule 1, the special requirements for money and property suits, the relief, the documents, and the consequences of omission.
1. Meaning of a Plaint
A plaint is the written statement of the plaintiff's claim, presented to the court under Section 26 and Order IV Rule 1, by which a suit is instituted. It is a pleading within Order VI Rule 1, so the rules of pleading apply to it: it must state material facts and not evidence, give particulars where Rule 4 requires them, avoid departure under Rule 7, and be signed and verified under Rules 14 and 15 with the affidavit required by Rule 15(4) and Section 26(2). By Order IV Rule 1 it must be presented in duplicate, comply with Orders VI and VII, and bear the prescribed court fee.
§ What a plaint does It institutes the suit, and the date of its presentation is the date of institution for limitation. It defines the cause of action, and so fixes the scope of the trial and the operation of the bar in Order II Rule 2. It selects and justifies the forum, by stating the facts that show the court has jurisdiction. It claims the relief, and the court ordinarily grants no relief that has not been asked for. It exposes itself to scrutiny: a plaint that is defective may be returned under Rule 10 or rejected under Rule 11. |
2. Essential Particulars: Order VII Rule 1
§ Order VII Rule 1, CPC 1908 The plaint shall contain the following particulars: (a) the name of the Court in which the suit is brought; (b) the name, description and place of residence of the plaintiff; (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) the facts showing that the Court has jurisdiction; (g) the relief which the plaintiff claims; (h) where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed or relinquished; and (i) a statement of the value of the subject matter of the suit for the purposes of jurisdiction and of court fees, so far as the case admits. |
(a) The name of the court
The plaint opens with the description of the court, and the statement must be accurate: a plaint addressed to a court that has no jurisdiction attracts return under Rule 10. The clause works together with clause (f), which requires the plaint to state the facts that justify the choice.
(b) to (d) Description of the parties
The name, description and place of residence of each party must be given, the defendant's so far as they can be ascertained. The purpose is identification for three distinct stages: service of summons, execution of the decree against the right person, and res judicata, which operates between the same parties. A misdescription of a correctly identified party is corrected by amendment, and the correction relates back; a suit in the name of the wrong person is a different matter, remedied by substitution under Order I Rule 10(1) on proof that the mistake was bona fide. Clause (d) requires a statement where either party is a minor or of unsound mind, which attracts the machinery of Order XXXII for suits by or against persons under disability.
(e) The cause of action and when it arose
This is the heart of the plaint. The cause of action is the bundle of material facts the plaintiff must plead and prove to obtain the relief, excluding the evidence by which they are proved and facts that form mere background. The requirement that the plaint state when it arose serves limitation, since the court must be able to see from the plaint whether the suit is in time. Three consequences follow from this clause alone: a plaint disclosing no cause of action is rejected under Rule 11(a); a plaint showing on its face that the suit is time-barred is rejected under Rule 11(d); and the cause of action so pleaded fixes the operation of Order II Rule 2, which bars a later suit for a relief omitted from it.
(f) Jurisdictional facts
The plaint must state the facts showing that the court has jurisdiction, and the requirement covers all four dimensions: subject matter under Section 9, pecuniary limits under Section 6, place of suing under Sections 15 to 20, and the grade of court under Section 15. In practice this means pleading where the property is situate, or where the defendant resides or carries on business, or where the cause of action wholly or in part arose, and stating the value. Jurisdiction is decided on the averments in the plaint, not on the defence, which is why these facts must be pleaded affirmatively.
(h) and (i) Valuation, court fee and relinquishment
Clause (i) requires a statement of the value of the subject matter for the purposes of jurisdiction and of court fees, which may differ, since the two are governed by the Suits Valuation Act, 1887 and the Court-fees Act respectively. Clause (h) requires the plaintiff to state any set-off allowed or portion of the claim relinquished, the latter being significant because Order II Rule 2(1) permits relinquishment only to bring the suit within a court's jurisdiction, and Rule 2(2) then bars a later suit for the portion relinquished. Undervaluation and insufficient stamp are separate grounds of rejection under Rule 11(b) and (c), in each case only after the court has given the plaintiff an opportunity to correct the defect within a fixed time.
3. Relief Claimed: Rules 7 and 8
§ Order VII Rule 7, CPC 1908 Every plaint shall state specifically the relief which the plaintiff claims either simply or in the alternative, and it shall not be necessary to ask for 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. And the same rule shall apply to any relief claimed by the defendant in his written statement. |
i. Specific statement. The relief must be stated specifically. A court ordinarily grants no relief that has not been claimed, and by Order II Rule 2(3) a relief omitted without the leave of the court cannot be claimed in a later suit.
ii. Alternative relief. Relief may be claimed in the alternative, as where specific performance is sought with damages in the alternative, and this is frequently essential to avoid the Order II Rule 2 bar.
iii. General relief. The closing words preserve the court's power to grant general or other relief consistent with the case pleaded, without a specific prayer, provided it is not inconsistent with the relief sought and the defendant has had the opportunity to meet it.
iv. Distinct claims stated separately. By Rule 8, where the plaintiff seeks relief in respect of several distinct claims or causes of action founded upon separate and distinct grounds, they must be stated separately and distinctly.
4. Special Requirements: Money Suits, Property Suits and Representative Suits
Rule | Requirement |
|---|---|
Rule 2: money suits | Where the suit is for the recovery of money, the plaint must state the precise amount claimed; where the claim is for mesne profits, or for an amount that cannot be determined without an account, an approximate amount or value must be stated |
Rule 3: immovable property | Where the subject matter is immovable property, the plaint must contain a description sufficient to identify it, and, where such property can be identified by boundaries or numbers in a record of settlement or survey, the plaint must specify those boundaries or numbers |
Rule 4: title by inheritance or succession | Where the plaintiff sues in a representative character, the plaint must show that he has an actual existing interest in the subject matter and has taken the steps necessary to enable him to institute the suit |
Rule 5: defendant's interest and liability | The plaint must show the interest and liability of the defendant in the subject matter |
Rule 6: grounds of exemption from limitation | Where the suit is instituted after the expiration of the period prescribed by the law of limitation, the plaint must show the ground upon which exemption from that law is claimed |
§ Rule 6 and the proviso Rule 6 requires a plaint filed after the limitation period to show the ground of exemption relied on, such as the exclusion of time under Sections 12 to 15 of the Limitation Act, 1963, or an acknowledgement under Section 18, or a part payment under Section 19. The proviso, added in 1976, allows the court to permit the plaintiff to claim exemption on a ground not set out in the plaint, if it is not inconsistent with the grounds stated. The provision is a rare statutory relaxation of the rule against departure, and it exists because limitation is fatal and the plaintiff should not lose for a pleading omission where a good ground in fact exists. |
5. Documents to Accompany the Plaint: Rules 14 to 18
i. Rule 14(1). Where the plaintiff sues upon a document, or relies on a document in his possession or power as evidence in support of his claim, he must enter it in a list and produce it in court when the plaint is presented, with a copy.
ii. Rule 14(2). Where he relies on a document not in his possession or power, he must state in whose possession or power it is and file a list of such documents.
iii. Rule 14(3). A document not produced with the plaint shall not be received in evidence at the hearing without the leave of the court. In commercial suits the recast Order XI makes the discipline stricter still.
iv. Rule 9. On admission of the plaint, the plaintiff must present copies for service on each defendant and pay the requisite fee within the prescribed time; failure attracts rejection under Rule 11(f).
6. Consequences of Defects in the Plaint
Defect | Provision | Consequence |
|---|---|---|
Filed in a court without jurisdiction | Order VII Rule 10, with Rule 10A | The plaint is returned for presentation to the proper court; Section 14 of the Limitation Act excludes time spent bona fide |
No cause of action disclosed | Order VII Rule 11(a) | The plaint is rejected, and the rejection is a deemed decree under Section 2(2) |
Relief undervalued, or plaint insufficiently stamped | Order VII Rule 11(b) and (c) | The court first requires correction within a fixed time; only on failure is the plaint rejected |
Suit barred by law on the face of the plaint | Order VII Rule 11(d) | Rejection, the bar having to appear from the statement in the plaint itself |
Not filed in duplicate, or Rule 9 not complied with | Order VII Rule 11(e) and (f) | Rejection, though the requirement of duplicate filing has been held directory and curable |
Omission of a particular required by Rule 1 | Order VI Rule 17 | Ordinarily cured by amendment, the omission being an irregularity unless it means no cause of action is disclosed |
7. Landmark Judgments on the Plaint
- T. Arivandandam v. T.V. Satyapal, (1977) 4 SCC 467. The plaint must be read meaningfully and not formally; a vexatious plaint disclosing no clear right to sue must be rejected at the threshold.
- Saleem Bhai v. State of Maharashtra, (2003) 1 SCC 557. The sufficiency of a plaint is judged on its own averments; the written statement is irrelevant, and Rule 11 may be applied at any stage.
- Vidyawati Gupta v. Bhakti Hari Nayak, (2006) 2 SCC 777. The requirements added by the 1999 and 2002 amendments to Section 26 and Order IV are directory; non-compliance is curable and the plaint is not a nullity.
- A.B.C. Laminart Pvt. Ltd. v. A.P. Agencies, (1989) 2 SCC 163. The meaning of a cause of action, which clause (e) of Rule 1 requires the plaint to state.
8. Frequently Asked Questions on the Plaint
What is a plaint under the CPC?
A plaint is the plaintiff's written statement of claim, presented to the court under Section 26 and Order IV Rule 1, by which a civil suit is instituted. It is a pleading within Order VI Rule 1, so the rules on material facts, particulars, verification and amendment apply to it.
What are the essential particulars of a plaint?
Under Order VII Rule 1: the name of the court; the name, description and residence of the plaintiff and defendant; a statement where either is a minor or of unsound mind; the facts constituting the cause of action and when it arose; the facts showing jurisdiction; the relief claimed; any set-off allowed or claim relinquished; and the value of the subject matter for jurisdiction and court fees.
Must a plaint state when the cause of action arose?
Yes, by clause (e) of Order VII Rule 1, so that the court can see from the plaint itself whether the suit is within limitation. A plaint showing on its face that the suit is time-barred is liable to be rejected under Rule 11(d).
What must a plaint relating to immovable property contain?
Under Order VII Rule 3, a description sufficient to identify the property, and where the property can be identified by boundaries or numbers in a record of settlement or survey, the plaint must specify those boundaries or numbers.
Can a court grant relief not claimed in the plaint?
Ordinarily no, since Order VII Rule 7 requires the relief to be stated specifically. The closing words of the rule nevertheless preserve the court's power to grant general or other relief consistent with the pleaded case, provided it is not inconsistent with the relief claimed and the defendant has had an opportunity to meet it.
What happens if a document is not filed with the plaint?
Under Order VII Rule 14(3), a document not produced when the plaint is presented shall not be received in evidence at the hearing without the leave of the court. In commercial suits the recast Order XI makes the requirement stricter.
What if a suit is filed after the limitation period?
Order VII Rule 6 requires the plaint to show the ground on which exemption from the law of limitation is claimed. By the proviso, the court may permit the plaintiff to rely on a ground of exemption not stated in the plaint, if it is not inconsistent with the grounds pleaded.
9. Related Topics in This CPC Series
- Rejection of Plaint under Order VII Rule 11
- Return, Rejection and Dismissal Compared
- Plaint and Written Statement Compared
- Pleadings under Order VI: Rules, Verification and Amendment