Plaint

Q. What are the content of a plaint?

Introduction: According to order 7 content of a plaint are given below:1. Order 7 rule 1 of the code of civil procedure states that the plaint shall
contain the following particulars:a. The name of the court 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.
d. Where the plaintiff or defendant is a minor or a person of unsound
mind, a statement of 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 of so allowed or relinquished, and
i. a statement of value of the subject matter of the suit for the purpose of
jurisdiction and of court-fees so far as the case admits.
2. Order 7 rule 2 states that where the plaintiff seeks the recovery of
money, the plaint shall state the precise amount claimed.
3. Order 7 rule 3 states that where the subject matter of the suit is
immoveable property, the plaint shall contain a description of the
property sufficient to identify if.
Q. Under what circumstances a plaint may be returned or rejected?
Return of plaint: Order 7 rule 10 has stated about return of plaint.
Where at any stage of the suit, the court finds that it has no jurisdiction,
either territorial or pecuniary or with regard to subject matter of the suit,
the court will return the plaint to be presented to the proper court in which
the suit ought to have been filed.
The judge returning the plaint should make endorsements on it regarding
the date of presentation, the date of return and the name of the party
presenting it.
Rejection of plaint: Order 7 rule 11 has stated about rejection of plaint.
The plaint shall be rejected in the following cases:1. Where the plaint does not disclose a cause of action.

2. Where the relief claimed is undervalued and the plaintiff fails to do so

within time given by the court.
3. Where the plaint is insufficiently stamped and the plaintiff failed to do
so within time given by the court.
4. Where the suit appears from the statement in the plaint to be barred by
law.
Q. What are the remedies available against order of return of plaint
and rejection of plaint?
Remedy against order of return of plaint: The order of return of plaint is
appealable.
Remedy against order of rejection of plaint: According to section 2(2) of
the code of civil procedure an order of rejection of plaint is deemed
decree and is appealable.