Drafting a Plaint: A Comprehensive Guide for Legal Professionals, Study notes of Law

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Drafting Plaint

By

Dr. ZEBA AZMAT

Definition:

• Plaint is a legal document through which a civil suit is instituted in the competent court of law.
• It is a plaintiff’s statement of claims and allegation, drawn up and filed by the plaintiff against the defendant.
• It also contains the prayer and remedies the plaintiff is asking for.
• Order VII, Rule 1, 1908, of CPC deals with the particulars /essentials of Plaint.

• Hierarchy of Civil Courts in India

SUPREME COURT

HIGH COURTs

District Judge (ADJs)

Civil Judge (Senior Division) (above 50000/)

Civil Judge (Junior Division)(upto Rs. 50000/)

Sub judge-III class small cause court tribunals Court of Munsifs

• 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 or the suit for the

purpose of jurisdiction and of court-fees, so far as the case admits.

4. That in order to injure the Plaintiff, and to extort more rent from the Plaintiff, the Defendant started misbehaving with the plaintiff.
5. That inspite of the protests of the Plaintiff, the Defendant forcefully dispossessed the Plaintiff from the said premises and seized Plaintiff’s abovementioned goods.
6. That on account of the wrongful seizure of Plaintiff’s goods in the circumstances mentioned above, the Plaintiff has suffered a pecuniary loss of Rs. 100000 /- which the Defendant is liable to pay to the Plaintiff but the Defendant has refused to pay the same.
7. That the cause of action arose on 05. 09. 2017 (Fifth day of September 2017 ), when the goods of the Plaintiff were seized by the Defendant, at the note of its execution at Kanpur, hence the court has jurisdiction.
8. That the value of the suit for the purpose of court-fee and jurisdiction is Rs. 100000 /- , hence the court has jurisdiction.
9. Plaintiff prays for the following reliefs: a) that a decree for the payment of Rs. 100000 , be passed in favour of the plaintiff and against defendant with costs of the suit b) any other relief which the court deems fit in the interest of justice.

Place_________ Sd- Sd-

Date_________ Counsel Plaintiff

Signing and Verification

I Mr. Rohit Kumar, S/o Mr. Mohit Kumar, the above mentioned plaintiff,

do hereby verify that the contents of Para 1 to 6 are true and correct to

the best of my knowledge and belief and the contents of the remaining

paras are on the basis of information and legal advice from my counsel

which I believe to be true, and verify on this the Fifth day of November,

2017 at Kanpur.

PLAINTIFF

• in case of minor or unsound mind person,
• A B, son of……aged about………r/o……………, a minor, by C D, son

of……aged about…………Ocuu………r/o…………his next friend

………………Plaintiff’

versus

E F, son of……aged about………r/o…… , a minor, through his guardian

GH, son of………aged about……………r/o………….........., appointed by the

order of the court (name of the court ) ……………..Defendant’

( because a minor or insane person cannot sue or be sued. He can only sue or be sued through next

friend (who may act as a next friend or be appointed guardian for the suit. see Order XXXII Rule 1 and 4 CPC) ( because a minor or a person of unsound mind cannot be sue or sued. He can only sue or be sued through guardian ad litem, the Court shall appoint a proper person to be guardian for the suit for such minor under the procedure prescribed in Order 32, Rule 3.

THANK YOU