A plaint/pleading is not just a document; it is the foundation of a civil suit. If the plaint is weak, vague, or legally defective, the suit is dead on arrival. Courts do not repair bad pleadings. They reject them.
Under civil procedure, everything that follows—written statement, issues, evidence, decree—flows from the pleading. That is why the law is uncompromising about its essentials.
The requirements of a pleading are primarily governed by Order VII of the Code of Civil Procedure, 1908.
Meaning
A plaint is the formal written statement by which a plaintiff sets out the cause of action and seeks relief from a civil court. It is the document through which a suit is instituted.
Courts do not look at intentions or grievances. They look at what is pleaded. If something is not pleaded in the plaint, it practically does not exist for the court.
Essential Elements
A valid pleading must compulsorily contain the following essentials. Absence of any of these can result in rejection.
1. Name of the Court
The pleading must clearly mention the name of the court in which the suit is instituted.
This is not cosmetic. It reflects the plaintiff’s assertion that the chosen court has jurisdiction to try the suit.
2. Particulars of the Parties
The plaint must state:
- Name of the plaintiff
- Name of the defendant
- Description and address of both parties
This ensures proper identification and effective service of summons. A plaint with vague or incorrect party details invites procedural chaos and delay.
Also Read- Presumptions under Evidence Law
3. Statement of Facts Constituting Cause of Action
This is the heart of the plaint.
The pleading must disclose the material facts that constitute the cause of action. These facts must be stated clearly, concisely, and chronologically.
Facts mean facts—not evidence, not arguments, not emotions.
If it does not disclose a cause of action, the court is bound to reject it. No sympathy. No second chances.
4. Date When Cause of Action Arose
The pleading must specifically state when the cause of action arose.
This is crucial for:
- Limitation
- Jurisdiction
- Determining maintainability
A vague or missing date is a red flag and often fatal.
5. Jurisdictional Facts
The pleading must contain facts showing that the court has:
- Territorial jurisdiction
- Pecuniary jurisdiction
- Subject-matter jurisdiction
Jurisdiction is not assumed. It must be pleaded.
Failure here means the pleading may be returned or rejected, regardless of merit.
6. Relief Claimed
The pleading must clearly specify the relief sought.
Relief cannot be vague, conditional, or implied. The court grants what is prayed for—nothing more.
Multiple reliefs may be claimed, but they must be:
- Legally permissible
- Clearly articulated
A badly drafted relief clause cripples an otherwise strong case.
Also Read- Character Evidence – When Relevant
7. Valuation of the Suit
The pleading must state the valuation of the suit:
- For jurisdiction
- For court fee
Improper valuation is not a technical defect; it directly affects the competence of the court.
8. Statement Regarding Court Fees
The pleading must state that the requisite court fee has been paid.
Insufficient court fee can lead to rejection unless corrected within the time granted by the court.
9. Statement on Limitation
Where the suit appears to be barred by limitation, the plaint must contain facts explaining how it is within time.
Courts examine limitation at the threshold. Silence here is dangerous.
10. Verification of the Plaint
The pleading must be verified by the plaintiff or an authorised person.
Verification confirms that the facts stated are true to the knowledge and belief of the person verifying it. An unverified or improperly verified plaint is procedurally defective.
11. Signature of the Plaintiff or Advocate
The plaint must be signed by the plaintiff or by a duly authorised advocate.
Unsigned pleadings have no legal standing.
What it Must NOT Contain
This is where many people fail.
It must not contain:
- Evidence
- Legal arguments
- Case law
- Abusive or emotional language
Plead facts. Save proof for trial. Save arguments for final hearing.
Consequences of Defective Plaint
A defective plaint may result in:
- Rejection
- Return
- Delay in proceedings
- Weak framing of issues
Once a pleading is rejected, the suit ends unless a fresh suit is filed, subject to limitation.
Also Read- Institution of Suit – Step-by-Step
A pleading is not just paperwork; it is a litigation strategy in writing. Courts reward precision and punish carelessness.
If the pleading is clear, jurisdictionally sound, and factually complete, the suit survives its first and most dangerous test. If not, it dies before the defendant even appears.
Civil litigation is unforgiving at the pleading stage—and it should be.
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