What is Plaint?

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What is Plaint? Blog Image

Overview:

The Supreme Court recently held that an application seeking amendment of plaint shouldn't be allowed under Order 6 Rule 17 of CPC if the amendment alters the nature of the suit.

About Plaint

  • A plaint is a legal document that contains the claims made by the plaintiff when they bring a case to a civil court. (A plaintiff is a person who brings a civil action in a court of law).
  • It serves as the initial step in starting a lawsuit.
  • In fact, in the very plaint, the contents of the civil suit are laid out.
  • Through such a plaint, the grievances of the plaintiff are spelled out, as well as the possible causes of action that can arise out of the suit. 
  • A plaint which is presented to a civil court of appropriate jurisdiction contains everything, including facts to relief that the plaintiff expects to obtain.
  • Order VII of the Code of Civil Procedure (CPC) particularly deals with a plaint.
  • A few of the essentials of a plaint implicit in itself are those only material facts, and not all facts or the law as such is to be stated, the facts should be concise and precise, and no evidence should be mentioned.
  • Particulars of a Plaint (Rules 1 to 8 of Order VII of the CPC):
    • The name of the civil or commercial court where the lawsuit will be filed.
    • Information about the plaintiff, including their name, address, and description.
    • Details about the defendant, including their name, residence and description.
    • If the plaintiff has any health issues or disabilities, these should be mentioned.
    • The facts that give rise to the cause of action and where this cause of action occurred.
    • Facts that help determine the court’s jurisdiction.
    • Information about the relief or remedy the plaintiff is seeking from the court.
    • If the plaintiff wants to set off a portion of their claim, the amount allowed should be stated.
    • The value of the subject matter of the suit, not just for jurisdiction but also for court fees.
    • Verification by the plaintiff under oath.

Q1) What is the Code of Civil Procedure, 1908 (CPC)?

The Code of Civil Procedure, 1908 is a procedural law related to the administration of civil proceedings in India. The Code is divided into two parts: the first part contains 158 sections and the second part contains the First Schedule, which has 51 Orders and Rules.

Source: Order 6 Rule 17 CPC | Amendment Of Plaint Shouldn't Be Allowed If It Alters Nature Of Suit: Supreme Court