Plaints and Its Particulars

DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY, LUCKNOW.
DRAFTING OF PLEADINGS AND CONVEYANCING
Plaints and its particulars
FINAL DRAFT
SUBMITTED BY SUBMITTED TO
SHAILESH KUMAR DR. SHAKUNTLA
ENROLL 150101120 ASSISTANT PROFESSOR
6 th SEMESTER RMLNLU
ACKNOWLEDGEMENTS
ACKNOWLEDGEMENT
“Words can never convey what deeds have done.”
Writing a project on any topic is never a single man’s job. I am overwhelmed in all humbleness
and gratefulness to acknowledge my depth to all those who have helped me to put these ideas,
well above the level of simplicity and into something concrete.
I am very thankful to Ms. Shakuntla Sangam for her valuable help. She was always there to show
me the right track when I needed her help. With the help of her valuable suggestions, guidance
and encouragement, I was able to complete this project.
I would also like to thank my friends, who often helped and gave me support at critical junctures
during the making to this project.
I hope you will appreciate the hard work that I have put in this project work.
Shailesh Kumar
6th Semester, Enroll no -150101120
Page | 2
TABLE OF CONTENTS
Acknowledgements……………………………………………………………………………………………………02
Table of Contents……………………………………………………………………………………………………..03
List of abbreviations and Acronyms.................................................................................................04
Objectives……………………………………………………………………………………………………………...05
Research Methodology……………………………………………………………………………………………….06
Introduction……………………………………………………………………………………..07
1. Plaint and its particulars………………………………………….................................08

2. Essential requistes particulars of plaint………………………………………………09
3. Additional particulars in certain plaint.........................................................................10
4. Other essential to be furnished in the plaint.................................................................11
5. The formal part and content of particular……………………………….…....……...12
Conclusion....................................................................................................................................26
References……………………………………………………………………………………….27
Page | 3
LIST OF ABBREVIATIONS & ACRONYMS
AIR : All India Reporter
ed. : Edition
HC : High Court
Id. : Ibid/ Iridium
SC : Supreme Court
SCC : Supreme Court Cases
ST : Scheduled Tribes
Supra : From the same footnote
VLM : Village Level Workers
Vol. : Volume
w.e.f. : With effective from
www : World wide web
Page | 4
OBJECTIVES
The work deals with the topic “plaints and its particulars”. The objectives of the work
are the followings:-
• Meaning of plaints
• Contents of plaints
• Additional particulars in certain plaints
• essential to be furnished in the plaints
• the formal parts and content of plaint
Page | 5
RESEARCH METHODOLOGY
The method adopted for this work was analytical in nature based on empirical and non-
empirical sources.
Legislative enactments, judicial pronouncement, books, reports, journals, news and other
reference have been primarily helpful in giving this work a firm structure. Articles form websites
and blogs have also been referred.
Footnotes have been provided wherever needed, either to acknowledge the source or to
point to a particular provision of law. Uniform Bluebook (19th ed.) citation format has been
followed for footnoting.
Page | 6
INTRODUCTION:
Plaint has not statutory definition. It means nothing more than a private memorial tendered to
court in which a person set forth his cause of action .the exhibition of an action in writing. The
plaint should contains the fact constituting the cause of action and the time when it arose of
claim in writing in field .hence plaint is a statement by the plaintiff in which he sets out his cause
of action with all necessary particulars .it is statement of claim and demands in writing .
A ‘plaint’ is the process by which proceeding in the court is a plaint .a plaint is statement in the
writing of a cause of action in which the relief claimed is set out in detail. Section 26 of the code
of civil procedure provides that every suit shall be instituted by the presentation of plaint or in
such other manner may be prescribed .in every plaint, facts shall be proved by affidavit
Further the plaint meant to give fair information about once case to opponent. To provide a brief
summary of the case and to assist the court to decide the dispute effective.
Bullen and lenke defines the plaint as. To define and identify to dispute and issues between the
parties .
OR.VII of CPC is about the plaint or written submission. Stated that plaint is the statement
containing a complaint or allegation and seeking remedy agreed those allegation or complaint.
Page | 7
PLAINTS AND PARTICULARAS — IT’S MEANING
Plaint has not statutory definition. It means nothing more than a private memorial tendered to
court in which a person set forth his cause of action .the exhibition of an action in writing. The
plaint should contains the fact constituting the cause of action and the time when it arose of
claim in writing in field .hence plaint is a statement by the plaintiff in which he sets out his cause
of action with all necessary particulars .it is statement of claim and demands in writing .
Order VII of the CODE OF CIVIL PROCEDURE deals with the plaint according to RULE 1 of
ORDER of the CPC,A plaint shall contain the following nine particulars
Page | 8
ESSENTIAL REQUISITES PARTICULARS OF PLAINT
a) the name of the Court in which the suit is brought;
b) the name, description and place of residence of the plaintiff.
The term description includes age, father's name, caste etc.
To describe the plaintiff as residing in particular area of a town is not a

sufficient description of his residence. The full particulars of address containing
the house number, street number, name of the area and the name of the village
or town or city, and district and State with pin code number.
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) that facts showing that the Court has jurisdiction;
g) the relief which the plaintiff claims;
h) were the plaintiff has allowed a set off or relinquishing a portion of his claim ,
the amount so allowed or relinquished.
i) A statement of the value of the subject matter of the suit for the purpose of the
jurisdiction and court fee, so far as the case admit.
Page | 9
ADDITIONAL PARTICULARS IN CERTAIN PLAINTS
 In the money suits: as per the RULE 2 ORDER VII of the CPC, were the
plaintiff seeks the recovery of money ,the plaintiff shall state the precise amount
claimed. But were the plaintiff sues for mesne profits or for amount which will
found due to him on talking unsettled account of him and the defendant or for
movable in the possession of the defendant ,or for debts of which the value he
cannot after the exercise of the reasonable diligence, estimate the plaintiff shall
state approximately the amount or value sued for.
 Suits of immovable property: according to RULE 2 ORDER VII of the CPC,
were the subject matter is immovable property, the plaintiff shall contains a
description of the property sufficient to identify it and in case such property is
identify by boundaries or number in a record in a record of settlement or survey
the plaintiff shall specify such boundaries or numbers.
 Representative suits: RULE 4 of ORDER VII of the CPC provide that were the
plaintiff sues in a representative character the plaintiff shall show not only that he
has an actual existing interest in the subject matter, but that he has taken the
step(if any) necessary to enable him to institute a suit concerning it.
Page | 10
OTHER ESSENTIAL TO BE FURNISED IN THE PLAINT
1) The plaintiff shall show that the defendant is or claims to be inserted in the subject matter and
that he is liable to be called upon the answer the plaintiff’s demand [RULE 5 of ORDE VII of
the CPC]
2) Were the suit is instituted after expiration of the prescribed period by the law of limitation, the
plaint shall show the ground upon which exemption from such law is claimed [RULE 6 of
ORDER VII of the CPC]
3) every paint shall state specifically the relief which the plaintiff claim either simply or in the
alternative and it shall not be necessary to ask 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 [RULE 7 of ORDER XII
of the CPC]
4) were the plaintiff seeks the relief in respect of several distinct claims or causes of action
founded upon the separate and distinct ground, they shall be stated as far as may be, separately
and distinctly [RULE 8 of the ORDER VII of the CPC]
Page | 11
THE FORMAL PARTS AND CONTENTS OF PLAINT
(i) Heading: Every plaint should be headed with the name of the Court in which the suit
is brought. Where it is necessary to state the particular jurisdiction of the Court in which
the suit is brought, the said jurisdiction ought to be stated below the name of the Court.
Thus, where a suit is brought in a subordinate Civil Court the heading should be:
"In the Court of the Subordinate Judge at.... ....................................................................... "
Or "In the Court of the First Subordinate Judge at…………………………………. ……”
But where it is necessary to state the particular jurisdiction of the Court, the heading should run
as follows:—
"In the
Supreme
Court"
"Original
Jurisdiction";
"In the High Court at ...................................................... "
'Ordinary Original Civil Jurisdiction1
or
'Extraordinary Original Civil Jurisdiction1
or
'Admiralty
Jurisdictio
n' or
'Matrimonial
Jurisdiction'
or
Testamentary and Intestate Jurisdiction
The suit is serially numbered after the plaint is presented the practice of the Subordinate
Civil Courts for the plaintiff to the name of the Court the nature of the suit and the year of the
blank space for the number of the suit to be filled up, e.g.
Page | 12
"Title Suit No. .....................................of 200..." or
"Money Suit No. .................................. 200...”

In the plaints on the original side of the High Court and the Su Court, only the number of the suit
with the year to be stated.'
ii) Title
a) Name of the parties:
Then at the head of each plaint, the name of every plaint, and every defendant as far as it
can be ascertained, must be set out. The name together with the description, and place of
residence or business are| title or, the 'cause-title' of the suit. Under the rules of the Supreme Co^
full names of both the plaintiff and the defendant must be given. If the plaintiff is unable to give
the full name of the defendant, it is better to state in the body of the plaint that, inspite of his best
endeavour, the plaintiff could not ascertain the full name of the defendant.
If there are two or more plaintiffs or two or more defendants, it is convenient to number them
serially and arrange them in the order convenieni for the presentment of the case.
A Corporation must sue or be sued in its full corporate name. Partne may sue or be sued in the
firm name. Any person carrying on business in a name or style other than his own name, may be
sued in such name or style as if it were a firm name. The name of the next friend or guardian of a
minor or a person of unsound mind should be mentioned in the cause-title. An idol may sue or be
sued in the name of its shebaits or in its own name by or through its shebaits.
b) Description and place of residence of the parties:
Every plaintiff and every defendant should be so described in cause-title as to identify him. The
term 'description1 includes age, father's name, caste etc
Page | 13
To describe the plaintiff as residing in particular area of a town is not sufficient description of his
residence. The full particulars of address containing the house number, street number, me of the
area , the name of the village or the town or city with the pin code number any particulars as to
father’s name caste. Thus “A.B., solicitor of……………… carrying on business under the name
of………….at…………………..” is sufficient description.
The capacity in which the plaintiff sues or the defendant is sued should ordinarily be set out in
the body of the plaint, although it is recognised that the cause-title is the convenient place to state
it. Dual capacity, as where the plaintiff sues in a representative capacity as also in his own right,
should clearly be stated if not in the cause-title, at least in the body of the plaint.
The place of residence of the plaintiff or the defendant is to be stated in the plaint. Place of
residence however, can only apply to personal actions. It cannot apply to a firm, a Corporation or
Government. Even in personal action, the place where a party carries on business or personally
works for gain may be, and, often is, stated instead of his place of residence.
In the case of a Company registered under the Companies Act, the place where the registered
office of the Company is situate or where any of the branch offices of the Company is situate
may be stated according to the necessities of the case. It may be stated "A.B. a firm carrying on
business at .............................. and other places".
First present the names and full description of plaintiff(s). In next sentence mention Versus' and
in next sentences mention the name and full description of defendant(s).
Page | 14
An example as:
(1)
In the court of munsif,………………….
Suit no. ……………………… of 200
A.B. S/O. C.D.,
Resident of 7
mahatama gandi road
Rajahmundry …………………plaintiff
Vs.
E.F. S.O. G.H.,
Resident of 15,
Danwaipet
Rajahmundry …………………defendant
(c) Description of parties in particular suits:
1) Union of India
2) The State of ...................................
3) A.B. (add description and residence), duly authorised by CD, a soldier (sailor or
airman, as the case may be) actually serving
at ..................
4) The Administrator General of ....................................................
5) The Advocate-General of ...............................................
6) .........................................................................................The Collector of.
Page | 15
7) ................... The Ambassador of .............................................

8) A.B., Official Receiver, as Receiver of the estate of ,1
9) A.B., Official Assignee, and the assignee of the estate and the effects of C,
insolvent.
10) The A.B. Company Ltd., having its registered office at……………
(iii) body of the plaint:
In the body of the plaint, the plaintiff states about his claim and other matter which he is
legally required to state. It is drawn up in the narrative form in the third person and divided into
small paragraphs, each containing ordinarily one fact only. They should be consecutively
numbered dates and number should be expressed in figure.
(a) beginning:
The body of the plaint begins with the word,”the above named plaintiff states as follow:, or the
plaintiff states as follow.
(b) Matters of Inducement:
It is permissible and customary to mention in the first paragraph of the plaint an introductory and
prefatory averments 'stating who the parties are, what business they carry on, how they are
related or connected, and other surrounding circumstances leading up to the dispute'. These are
called matters of inducement; they are useful because they explain what follows, though they are
not essential to the cause of action. In any case they should be stated as concisely as possible.
(c) The facts constituting the cause of action:
Next, the facts constituting the cause of action must be stated in the plaint. 'Cause of action'
means the cause or the set of circumstances which lead upto a suit. The term 'cause of action1 as
used in the Court means every fact which is necessary for the plaintiff to prove in order to entitle
him to a decree in a suit if traversed on his pleading. It does not, however, comprise every piece
of evidence which is necessary to prove each fact, but every fact, which is necessary to be
proved to entitle the plaintiff to a decree. It is, in other words, a bundle of essential facts which is
Page | 16
necessary for the plaintiff to prove before he can succeed in the suit. The cause of action is
antecedent to the institution of the suit, and every plaint must disclose a cause of action when
alone the Court will be able to proceed to a determination of the dispute.
In Sidrannappa v. Rajashetty,2 the Supreme Court has held that it is not only necessary
that the facts which entitled the plaintiffs to the right to claim must be the same but that
infringement of his right at the hands of defendant must be the outcome of the same
transaction.
The first principle with regard to cause of action in framing a suit is that as far as practicable,. it
should be so framed as to afford ground for final decision of the subjects in dispute and to
prevent further litigation concerning them [Rule 1 of Order H of the CPC].
The second principles being analogous to the first is directed against splitting up a cause of
action. It requires that every suit shall include the whole of the claim which a plaintiff is entitled
to make in respect of a cause of action [Rule 2 of Order II of the CPC].
The cause of action is distinguishable from the transaction giving rise to it. One transaction may
give rise to several causes of action and the law does not require that all such causes of action
must be joined in one suit. However, the plaintiff is at liberty to unite in one suit as many causes
of action against a defendant as he likes.
Where the plaintiff seeks relief in respect of several distinct causes of action founded upon
separate and distinct grounds, they shall be stated as far as may be separately and distinctly.
Where the plaintiff seeks the recovery of money, the plaint shall state the precise amount
claimed. But where the plaintiff sues for mesne profits or for an amount which will be found due
to him on taking unsettled accounts between him and the defendant, the plaint shall state
approximately the amount sued for [Rule 2 of Order VII of the CPC]. |
Where the subject-matter of the suit is immovable property, the plaint shall contain a description
of the property sufficient to identify it, and, in case such property can be identified by boundaries
or numbers in a record of settlement of survey, the plaint shall specify such boundaries or
numbers [Rule 3 of Order VII of CPC].
2 AIR 1970 SC 1059
Page | 17
(d) Date of cause of action:
Rule 1(e) of Order VII of the CPC requires that particulars of facts constituting the cause of
action and when it arose should be given. Hence, it is necessary for the plaintiff to state
specifically when the cause of action for the suit arose. This is intended to enable the Court or
the defendant to ascertain from the plaint whether there is a cause of action and whether it is not
barred by the law of limitation. The date of the cause of action should be actually given.
The Code of Civil Procedure does not lay down any law as to the date of the accrual of the cause
of action. The date of the accrual of the cause of action means the date of that event which makes
the cause of action for the suit complete, to be more
Practical the date of that event which gives the plaintiff right to suit e.g. in case of breach of
contract, the date of the of the contract.
It is not always easy to determine on which date the cause 0f action for a suit arose. Some typical
instances of accrual of cause of action are as follows:
i) In the suit for damages for breach of contract, the cause of action arises on the date of breach.
ii) In suits for damages for tort, the cause of action arises on mthe date when the tort was
committed.
iii) In suits for ejectment, the cause of action arises on the date on which plaintiffs right to sue
accrued.
iv) In suits for possession of property alienated by Hindu widow the cause of action arises on the
date of death of the widow.
v) In the suit for money due on pronote, the cause of action arises on the date of the pronote.
vi) In suits on series of loan, the cause of action arises on the day each loan is taken.
Page | 18
When the plaint does not specify the date when the cause o action arose, it is the duty of the
Judge to find out from facts stated in the plaint as to when the cause of action arose. Even where
the plaint states the date of cause of action, the plaintiff cannot be tied down to the said date, and
the Court is entitled to determine the date on which the cause of action arose from the facts
alleged and proved.
(e) Grounds of exemption from limitation law:
It is not necessary to mention in every plaint in a suit that suit is within the period of limitation
prescribed by the law limitation, except where the suit is prima facie barred by limitation and
there are some facts on the basis of which the plaintiff claims that the suit is within limitation.
Rule 6 of Order VI of the CPC provides that where the suit is instituted after the expiration the
period prescribed by the law of limitation, the plaint shall show| the ground upon which exemption
from such law is claimed.
For example were the day on which limitation expires is a holiday and the suits is filled on the
next working day, the plaintiff may state this fact in the plaint
(f) The facts showing that the Court has jurisdiction:
Sections 15 to 20 and Clause (f) of Rule 1 of Order VII of the CPC states that the plaint shall
contain the facts showing that the Court has jurisdiction. The plaintiff must plead facts showing
that the Court has jurisdiction pecuniary, territorial and over the subject-matter. If the jurisdiction
depends upon the place where the cause of action arose either wholly or in part, the plaintiff must
plead facts showing that the cause of action arose partly or wholly within the jurisdiction. If
plaintiff relies upon the defendant's residence or place of business as giving jurisdiction, the fact
that the defendant's place of residence or place of business is within the jurisdiction should be
stated in the body of the plaint.
Generally speaking, this paragraph should be framed in any one of the following ways, as the
case may be:—
"The defendant resides at ..................................................................within the jurisdiction of this

Court", (or)
Page | 19
"The property in respect of which this suit is brought lies within the jurisdiction of the Court" (or
"The bond was executed and money borrowed at .............. within the jurisdiction of the Court"
(or) "The money payable under the contract was made payable at
within the jurisdiction of this Court" (or) "The defendant caused the wrong complained
of in this plaint at within the jurisdiction of this Court".
The principles of the jurisdiction of Court are:
Every suit shall be instituted in the Court of the lowest grade competent to try it [Sec. 15 of the
CPC].
Subject to the pecuniary or other limitations prescribed by any law, suits,—
a ) for the recovery of immovable property with or without rent or profits;
b) for the partition of immovable property;
c) for foreclosure sale or redemption in the case of a mortgage of or charge upon

immovable property;
d) for the determination of any other right to or interest in immovable property;
e) for compensation for wrong to immovable property;
f) for the recovery of movable property actually under distraint

or attachment;
shall be instituted in the Court within the local limits of whose jurisdiction the property is situate:
Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable
property held by or on behalf of the defendant may, where the relief sought can be entirely
obtained through his personal obedience, be instituted either in the court within the local limits of
whose jurisdiction, the property is situated, or it can also be filed in the Court within the local
limits of whose jurisdiction the defendant actually and voluntarily resides or carries on the
business, or personally works for gain [ sec. of the CPC].
Page | 20
3) Where a suit is to obtain relief respecting, or compensation for wrong to, immovable
property situate within the jurisdiction of different Courts, the suit may be instituted in any
Court within the local limits of whose jurisdiction any portion of the property is situate:
Provided that, in respect of the value of the subject-matter of the suit, the entire claim is
cognizable by such Court. [Sec|17 of the CPC].
4) Where it is alleged to be uncertain within the local limits of the jurisdiction of which of two
or more Courts any immovable property is situate, any one of those Courts may, if satisfied
that there is ground for the alleged uncertainty, record a statement to that effect and
thereupon proceed to entertain and dispose of any suit relating to that property, and its
decree in the suit shall have the same effect as if the property were situate within the local
limits of its jurisdiction.
(h) Relief or the prayer:

According to Rule 1(g) of Order VII of the CPC the plaint shall contain the relief which the
plaintiff claims.In a civil suit different kinds of reliefs can be claimed e.g. recovery of debt,
damages, possession of a declaration of title to immovable property, declaration of any right
specific performance, injunction, rendering of account, appointment of receiver etc. In a plaint,
the plaintiff may claim any one or more of such reliefs either simply or in the alternative. The
reliefs claimed cannot be supplemented by oral prayer nor can a Court allow more than the
claimed. Where any plaintiff omits to state any relief he will have to make an application for
amendment within the period of limitation for adding that relief.
Under Rule 2 of Order II of the CPC, if a plaint can claim more than one relief on the same cause
of action, he must claim ail, otherwise he shall not be entitled to bring a new suit for the omitted
relief unless the omission in the first suit was with the leave of the Court. The only exemption is
in respect of a mortgage suit where a suit for sale may be brought later though the previous suit
was for personal decree only under Rule 14 of Order XXXIV of the CPC.
It is not necessary to ask for general or other relief which may always be given as the Court may
think just to the same extent as it had been asked for. Where the plaintiff claims more than what
he is entitled to, the Court will not dismiss the suit but give the plaintiff only such relief as he is
entitled to.Where the plaintiff claims less than what he is entitled, the Court will not grant him
Page | 21
any relief he has not specifically claimed unless the plaint is amended before the judgment. But
the Court should not refuse to grant a relief not specifically claimed i n the plaint, if such relief is
obviously required by the nature of the case.
(iv) Last part of the Plaint: Signature and verification:
Order VI, Rule 14 of the Civil Procedure Code provides that every plaint (pleading) shall be
signed by the plaintiff and his advocate. Where a plaintiff is illiterate and cannot make signature,
he may put his thumb mark on the plaintiff.
But where a plaintiff is, by reason of absence or for any other good cause, unable to sign the
plaint it may be signed by any person duly authorised by him to sign the same or to sue on his
behalf.
The signature of the plaintiff should be under the body of the plaint should be like the following:
Xxx
signature
plaint drawn by
xxx
signature of the plaintiff’s advocate
Page | 22
In the Court of Civil Judge Class - I at Indore
Suit No. ………… / 20…….

A. B. s/o B. C.
123, A B Road, Indore, MP ......................................... Plaintiff
Vs.
M. N. s/o O. P.
456, A B Road, Indore, MP ......................................... Respondent
Suit for Specific Performance of Contract to sell a residential plot
The plaintiff respectfully states as follows : -
Inducement:
(1) Plaintiff is a Govt. Servant working in Indore, MP. and so on
(2) Respondent is a property broker having an office at ...
Material Facts of the case:

(3) The plaintiff agreed with the respondent on 10 Aug 2008 to purchase the Plot No
123 at Rani Bagh Colony, Indore. A copy of the contract is attached with the petition.
(4) The boundaries of the plot is as under:
East: Road
West: Plot number 124
North: Road
South: Colony wall
(4) The total value of the plot to be paid by the plaintiff to the respondent, as agreed
upon in the contract, is Rs. 40,000/-.
(5) The respondent accepted a payment of 10,000/- though Check No. 123 of SBI,
Indore Branch at the time of making the contract and promised to do registry upon
payment of remaining amount of 30,000/-
(5) The plaintiff tried to pay the remaining amount on several occasions by cash as
well as check but the respondent refused to take the payment.
(6) The plaintiff also sent a notice about the same to the respondent on 10/10/2009.
(7) The plaintiff is ready to pay the remaining amount of Rs 30,000/- but the
respondent is not willing to transfer the said plot.
Cause of Action and Limitation

(8) The cause of action for the present suit first arose on 10/10/2009, when the
respondent refused to convey the said property as per the terms of the agreement and
Page | 23
hence, the suit filed today is within time.
Valuation:
9 The suit is valued for the purpose of jurisdiction and court-fee at Rs. 30000/-.
Jurisdiction:
(10) The plot is located in Indore, which is within this court's territorial jurisdiction.
(11) The value of the contract is 40,000/- which is within this court's pecuniary
jurisdiction.
Relief Claimed:
(12) The plaintiff, there fore prays that
1. the court be pleased to order the respondent to perform his part of the contract
by accepting the remaining payment and conveying the said plot to the
plaintiff.
2. the plaintiff be permitted to deposit the balance of consideration in this Hon'ble
Court.
3. the respondent be ordered to pay compensation for mental harrasment, loss of
wages, and cost of this litigation.
Place: …………………. (Signature of

the plaintiff)
Date: …………………..
YYY
Advocate
Verification
I, ______, do hereby solomnly verify that the contents from paras 1 to 4 are correct
Page | 24
and true to the best of my knowledge and contents from para 5 to 12 are based on
legal advice, which I believe to be correct. Affirmed at Indore this 4th Day of
September 2009.
(Signature)
Plaintiff
Page | 25
CONCLUSION
Further the plaint meant to give fair information about once case to opponent. To provide a brief
summary of the case and to assist the court to decide the dispute effective
Page | 26
BIBLIOGRAPH
BOOKS :
 Odger, W.B; The Principles Of Procedure, Pleading and Practice; 5th Edn.
 Dr. Srivastava, K.K; The Law of Pleadings, Drafting and Conveyancing; Central Law Agency 7th
Edn. (2012)
WEBSITES ACCESSED :
 https://sites.google.com/site/sarinadvocate/drafting-and-pleading
 http://msmlawfirm.wordpress.com/2009/11/01/law-of-pleadings-in-relation-to-the-indian-
judicial-system/
 http://www.legalservicesindia.com/article/article/amendment-to-pleadings-and-the-approach-
of-the-judiciary-1427-1.html
.
Page | 27

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DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY, LUCKNOW.

DRAFTING OF PLEADINGS AND CONVEYANCING

Plaints and its particulars

SHAILESH KUMAR DR. SHAKUNTLA

ENROLL 150101120 ASSISTANT PROFESSOR

6th Semester, Enroll no -150101120

List of abbreviations and Acronyms.................................................................................................04

1. Plaint and its particulars………………………………………….................................08

LIST OF ABBREVIATIONS & ACRONYMS

AIR : All India Reporter

Id. : Ibid/ Iridium

SCC : Supreme Court Cases

Supra : From the same footnote

VLM : Village Level Workers

w.e.f. : With effective from

www : World wide web

• Additional particulars in certain plaints

• essential to be furnished in the plaints

• the formal parts and content of plaint

PLAINTS AND PARTICULARAS — IT’S MEANING

ESSENTIAL REQUISITES PARTICULARS OF PLAINT

a) the name of the Court in which the suit is brought;

b) the name, description and place of residence of the plaintiff.

The term description includes age, father's name, caste etc.

To describe the plaintiff as residing in particular area of a town is not a

d) where the plaintiff or the defendant is a minor or a person of unsound mind, a

e) the facts constituting the cause of action and when it arose;

f) that facts showing that the Court has jurisdiction;

g) the relief which the plaintiff claims;

ADDITIONAL PARTICULARS IN CERTAIN PLAINTS

OTHER ESSENTIAL TO BE FURNISED IN THE PLAINT

THE FORMAL PARTS AND CONTENTS OF PLAINT

"Title Suit No. .....................................of 200..." or

"Money Suit No. .................................. 200...”

a) Name of the parties:

b) Description and place of residence of the parties:

In the court of munsif,………………….

Suit no. ……………………… of 200

A.B. S/O. C.D.,

mahatama gandi road

E.F. S.O. G.H.,

(c) Description of parties in particular suits:

2) The State of ...................................

7) ................... The Ambassador of .............................................

(iii) body of the plaint:

(c) The facts constituting the cause of action:

2 AIR 1970 SC 1059

(d) Date of cause of action:

(f) The facts showing that the Court has jurisdiction:

"The defendant resides at ..................................................................within the jurisdiction of this

The principles of the jurisdiction of Court are:

Subject to the pecuniary or other limitations prescribed by any law, suits,—

a ) for the recovery of immovable property with or without rent or profits;

b) for the partition of immovable property;

c) for foreclosure sale or redemption in the case of a mortgage of or charge upon

d) for the determination of any other right to or interest in immovable property;

e) for compensation for wrong to immovable property;

f) for the recovery of movable property actually under distraint

(h) Relief or the prayer:

(iv) Last part of the Plaint: Signature and verification:

signature of the plaintiff’s advocate

In the Court of Civil Judge Class - I at Indore

Suit No. ………… / 20…….