Plaint under Civil Procedure Code

Plaint
A Plaint is a legal document that contains the content of any civil suit which shows the Plaintiff’s
claim after filing suit. The plaint is the first step of the Plaintiff in the form of a legal document
for the commencement of suit and it shows what a Plaintiff wants from that suit. The concept of
a plaint is mentioned in the Civil Procedure Code. Through the help of plaint, the plaintiff
narrates or describes the cause of action and related information which is considered as essential
from the viewpoint of the suit. 
In the case of plaint, the cause of action consists of two divisions, first is the legal theory (the
factual situation based on which the plaintiff claims to have suffered) and second is the legal
remedy that the plaintiff seeks from the court. A plaint is considered an important concept
because it is the foremost and initial stage to initiate any lawsuit and helps to find a civil court of
appropriate jurisdiction. 
Order VII of the Code of Civil Procedure deals, particularly with plaint. In Order VII of CPC,
there are many different rules which deal with different constituents of plaint. Rules 1 to 8 deal
with the particulars of the plaint. Rule 9 of CPC deals with how the plaint will be admitted and
after that Rule 10 to 10-B talks about the return of the plaint and the appearance of parties. And
the main Rules i.e 11 to 13 deal with the rejection of the plaint and in which circumstances the
plaint can be rejected. 
Section 26 of the Code of Civil Procedure states “Every suit shall be instituted by the
presentation of a plaint or in such other manner as may be prescribed.” This section clearly
shows that plaint is very much necessary for the establishment of a suit before the civil or
commercial court.  
Necessary Contents of A Plaint
A plaint is a legal document that contains a lot of necessary contents in the absence of which, it
cannot be considered as a plaint. The contents necessary for a plaint are mentioned in Rules 1 to
8 of Order VII of CPC. These are mentioned below:
1. Plaint should contain the name of the commercial or civil court where a suit will be
initiated. 
2. Plaint should contain details of the plaintiff such as the name, address, and description.
3.  Plaint should contain the name, residence, and description of the defendant.
4.  When a plaintiff has some defects or problems in health or any type of disability, the
Plaint should contain a statement of these effects.
5.  Plaint should contain the facts due to which cause of action arises and where the cause of
action arises it should also be mentioned.
6.  Plaint should not only mention facts due to which cause of action arises but also those
facts which help in recognizing the jurisdiction.
7.  Plaint should also contain about that relief which the plaintiff seeks from the court.
 8.  When the plaintiff is ready to set off a portion of his claim, the Plaint should contain that
amount which has been so allowed.
9.   Plaint should contain a statement of the value of the subject-matter of suit not only for
the purpose of jurisdiction but also for the purpose of court-fees.
10.  At last, the content that should be on plaint is the plaintiff verification on oath. 
This shows that the plaint is a necessary component for the successful initiation of suits in
commercial or civil courts and plays a very important role throughout the suit. Some additional
particulars which were not mentioned above include the following: Plaintiff shall state the exact
amount of money to be obtained from the defendant as given under Rule 2 of order
VII whereas Rule 3 of order VII of CPC states that when the plaint contains subject matter of
immovable property, then the property must be duly described. 
Rejection of plaint
The Plaint shall be rejected in certain situations when requirements are not fulfilled. Some of the
situations in which the plaint is rejected are as follows:
The plaint is rejected in a case where the cause of action is not disclosed. If the cause of action is
not disclosed then it is not possible to prove the damage caused to the plaintiff. To seek relief
against the defendant, the facts need to be mentioned clearly. In the case of Snp Shipping Service
Pvt. Ltd. v. World Tanker Carrier Corporation, the plaint was rejected and the suit dismissed
under Order 7, Rule 1(a) of the C.P.C.,1908.
The plaint is also rejected in a case where the plaintiff relief is undervalued and the plaintiff is
requested by the court to correct the valuation within the given time frame but the plaintiff fails
to do so.
The plaint is rejected in a case where all the documents are not properly stamped and the plaintiff
on being required by the court to supply the required stamp paper within a time to be fixed by
court fails to do so. 
The plaint is mostly rejected due to the statement mentioned in the plaint secured by any law or
statute that doesn’t give any right to the plaintiff to file the suit.
When a duplicate copy of the plaint is not submitted whereas it is mentioned that it is mandatory
to submit the duplicate copy then in that condition plaint is liable to be dismissed. 
The plaint is rejected when the plaintiff fails to comply with the provisions of Rule 9 of Order
VII of C.P.C.
Provisions on the Rejection of Plaint under C.P.C.
As we have already said in what circumstances the plaint can be rejected and now what are the
provisions that are related to the rejection of the plaint under Code of Civil Procedure. Some of
the provisions regarding the rejection of a plaint are mentioned below:
Order VII Rule 12 of C.P.C states the procedure on rejecting the plaint so that it can be used as a
precedent for future cases. 
Order VII Rule 13 of C.P.C states that rejection of the plaint does not stop the presentation or
filling of the fresh plaint. 
 Two modes which are mentioned to show the manner in which the plaint can be rejected:
The defendant has the right to file an application in the form of an interlocutory application at
any stage of proceedings for the rejection of the plaint. 
Suo moto (on its own): The meaning of the suo moto itself defines the way of rejection of the
plaint. Suo moto rejection is under Order 7 Rule 11 which states Rejection of the plaint. A court
can itself try a suit under Order 7 Rule 11 if the plaint fulfills the conditions discussed in the first
point. 
Landmark Cases on Rejection of Plaint
Many cases came in front of court related to the rejection of plaint but some of the cases given
below are now considered as a landmark for other cases on the rejection of plaint:
Kalepur Pala Subrahmanyam v TigutiVenkata: In this case, it was said that a plaint cannot be
rejected in part and retained part under this rule. It must be rejected as a whole and not with the
rejection of one part and acceptance of another. This judgment is considered as a landmark
judgment on the rejection of the plaint.  
SopanSukhdeo Sable v. Asstt. Charity Commr.: In this case, it was held that where the suit was
at the stage of recording of evidence and an application under Order 7 Rule 11 of the code was
filed to delay the proceedings of the suit, the application under Order 7 rule 11 of the code was
rejected.