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
for 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 deals 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:

 Plaint should contain the name of the commercial or civil court where a suit will be
initiated.
 Plaint should contain details of the plaintiff such as the name, address, and description.
 Plaint should contain the name, residence, and description of the defendant.
 When a plaintiff has some defects or problems in health or any type of disability, the
Plaint should contain a statement of these effects.
 Plaint should contain the facts due to which cause of action arises and where the cause of
action arises it should also be mentioned.
 Plaint should not only mention facts due to which cause of action arises but also those
facts which help in recognizing the jurisdiction.
  Plaint should also contain about that relief which the plaintiff seeks from the court.
 When the plaintiff is ready to set off a portion of his claim, the Plaint should contain that
amount which has been so allowed.
 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.
 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. rom the viewpoint of the suit.

Order 7 gives various provisions in regard to plaint:

R1: particulars to be contained in plaint

R2: money suit

R3: When property is immovable

R4: Representative suit

R5: Defendant liability

R6: Grounds of exemption from limitation

R7: Relief specifically stated

R8: Relief on separate grounds

Sample

Format of Suit for Possession of property trespassed by defendant. This Suit can be filed to get
possession of property illegally possessed or trespassed by the Defendant who is in unauthorized
possession of the Property.

BEFORE THE DISTRICT JUDGE AT _________

CIVIL SUIT NO. __________ OF 20__

IN THE MATTER OF:

Mr. BBB_________ PLAINTIFF

VERSUS

Mr. DDD__________ DEFENDANT

SUIT FOR POSSESSION OF PROPERTY UNDER SECTION 6 OF SPECIFIC RELIEF

ACT

MOST RESPECTFULLY SHOWETH:

1. That the Defendant as owner of House No. ________ admeasuring ______situated at

________ on _____ let out the same to the Plaintiff at a monthly rent of Rs. ______ for a period
of 24 months commencing from ______ and put the Plaintiff in actual Physical possession of the
said property.
2. That the Lease agreement was registered with sub registrar ______on ______ Copy of the
Lease Agreement dated ____ is annexed herewith and attached as Annexure P1.

3. That on _____ the Defendant entered upon the tenanted premises in the absence of the
Plaintiff, broke open the lock without the consent of Plaintiff and without any authority.

4. That immediately on coming to know of the said act of trespass and unlawful and forcible
dispossession committed by the Defendant, the Plaintiff reported the matter to the Police and
also called upon the Defendant to vacate the said property and hand over possession thereof to
the Plaintiff.

5. That the Defendant has neglected and failed to vacate the said property and handed over
possession thereof to the Plaintiff, despite repeated protests by the Plaintiff.

6. That on ______ the Plaintiff sent a legal notice to the Defendant, by registered post, calling
upon him to vacate the said property and hand over possession thereof to the Plaintiff, but in
vain. As such, the Defendant continues to occupy the house in an unauthorized and illegal
manner.

7. That the House is situated in ____________ and the lease agreement was executed within the
Jurisdiction of this Hon'ble Court. The Defendant resides in the jurisdiction of this Hon'ble
Court. As such this Hon'ble Court has Jurisdiction to entertain, try and decide the Suit.

8. That the cause of action firstly arose on ________ then it arose on _____ and ultimately it has
arisen on _______. Therefore, this Suit has been filed within a period of six months from the
date of dispossession.

9. That the valuation of the suit for the purposes of Court-Fees and jurisdiction is ______ for the
relief of ___________and accordingly, Court fee of Rs. __________ has been affixed.

10. In the facts and circumstances of case mentioned herein above this Hon'ble Court may
graciously be pleased to:

PRAYER

That the Plaintiff, therefore, prays:

a) that the Suit be decreed in favour of the Plaintiff and against the Defendant , and accordingly
the Defendant be ordered to forthwith remove himself and his belongings from the House
No______ and deliver to the Plaintiff quiet and vacant possession of the Suit Premises.

b) that Plaintiff be allowed cost of the suit; and

c) to grant any other relief, which the Hon'ble court deems fit, may please be granted to the
plaintiff in the interest of justice.

PLAINTIFF

THROUGH

______________., Advocate

Place :

Date :

VERIFICATION

I, ____________, the above named Plaintiff do solemnly declare that whatever has been stated in
Para 1 to __ of the Plaint are true to the knowledge of the Plaintiff where Para No___ to Para
No___ are true on the basis of information received by him and believed to be true by him.

Verified at ____ on this ______ day of _____ 20__

Petition under Section 9 of the Hindu Marriage Act, 1955.

The Petitioner, named above, states:

1. That the petitioner was married to the respondent on _______ at _______ within the
jurisdiction of this Court.

2. That the petitioner and his wife lived last together at _______

3. That on _______ last the respondent went to her father’s house at _______ . She gave word to
return within 15 days, but she did not abide by her word and has not returned so far.

4. That the petitioner went to his father-in-law’s house at_______ to bring the respondent, a
number of times, but on one pretext or the other, she declined to come along with the petitioner
to his house.

5. That lastly the petitioner went to the house of the respondent’s father at _______ on _______
and asked the respondent to return with him, but she refused to come.

6. That the respondent deserted the petitioner or/and has withdrawn from his company without
any reasonable or lawful excuse. Hence the necessity for the petition arose.

7. That the cause of action accrued to the petitioner against the respondent, within the
jurisdiction of this Court, on _______ when the respondent left for her father’s house at _______
and it continues to accrue from day to day till the respondent comes back to the home of the
petitioner and resumes his company.

That the petitioner claims and prays:

(a) That a decree for the restitution of conjugal rights be passed in favour of the petitioner against
the respondent.
 (b) Any other relief or reliefs which the court may deem proper under the circumstances be also
awarded to the petitioner.

Dated. _______ Petitioner.

VERIFICATION

I, the above named petitioner, do hereby verify that the contents of this petition in Paras
______________ are true to my personal knowledge and those in Paras Nos______________ are
believed by me to be true.

Signed and verified this _______ day of _______ 20 _______ at _______ in Civil Court
compound.

Petitioner.

PETITION FOR RESTITUTION OF CONJUGAL RIGHTS

In the Court of Family Court West Delhi Tis
Hazari Courts , Delhi
A…………………………………………………………………… Petitioner.
Versus
B………………………………………………………………… Respondent.
(PETITION FOR RESTITUTION OF CONJUGAL RIGHTS UNDER
SECTION 9
OF THE HINDU MARRIAGE ACT, 1955)
The petitioner respectfully submits as under:
1.  That marriage of the petitioner and the respondent was solemnized
on …………… at…………………… according to Hindu rites and
ceremonies.  Marriage stands registered with the Registrar of
Marriages. Certificate copy of extract of from the concerned register
is enclosed herewith.
 2.  That status and place of residence of the parties to the marriage
before the marriage and at the time of filing of this petition is given
as under:
(Mention here in a table, status, residence of the parties with
respective age)
           (a)    As it was before the marriage;

           (b)    As it is at the time of filing of the petition

3.  That from this marriage,……………… couple has not been blessed

with any child so far. (mention sex, date of birth or age of the
children, if any, of the marriage).
4.  That petitioner and his wife were living together happily at our
house, However, on……………. his wife has without any reasonable
execuse, withdrawn from the society of the petitioner………………
(narrate here the circumstances which have led to withdrawal of
the  respondent from the matrimonial home or from the society of
the petitioner)…………………………..
5.  That the petition is not being presented in collusion with the
respondent.
6.  That this petition is being presented without any unnecessary or
improper delay on the part of the petitioner.
7.  That there is no other legal ground as to why the decree of
restitution of conjugal rights be not granted in favour of the
petitioner.
8.  That no litigation has taken place between the parties to the petition
earlier……………….(State, if any, previous litigation with regard to
the marriage came to be initiated by any party. Also give details of
the petitions or the cases so instituted earlier).
9.  That this Hon’ble Court has jurisdiction to entertain and try this
petition as the marriage was solemnized at ……………….. the parties
last resided together at …………………and even presently the
respondent is residing within the jurisdiction of this Hon’ble Court.
Prayer
In view of aforesaid the petitioner therefore prays for grant of decree
for restitution of conjugal rights in his favour and against the
respondent.
(sd/-Petitioner)
VERIFICATION CLAUSE
I, A., state on solemn affirmation that whatever is contained  in
paragraphs No………. to ………….of the petition is true to my own
 knowledge and that whatever is contained in paragraphs
No……………. to ……..is based on information received and believed
to be true by me.
(sd/-Petitioner)…..
AFFIDAVIT TO BE FILED IN SUPPORT OF MATRIMONIAL
PETITION UNDER SECTION 9 HINDU MARRIAGE ACT
In the Court of Family Court West Delhi Tis
Hazari Courts , Delhi
A…………………………………………………………………… Petitioner.
Versus
B………………………………………………………………… Respondent.
Affidavit of Mr./Ms………….aged …………….years, occupation
……….. Petitioner, affirm and say as follows:
1.  That I am petitioner in the accompanying petition under
section……………of Hindu Marriage Act and am well acquainted
with the facts of the case.
2.  That I have gone through the contents of the accompanying petition.
I reaffirm the contents of the petition, which are not being repeated
here, for the sake of brevity.
3.  That the petition is not being presented or prosecuted in collusion
with the respondent.
4.  That on……………………by ……………………… attempts at
reconciliation have been made, but in vain.
5.  That this petition is being presented without any unnecessary or
improper delay on the part of the petitioner.
6.  That there is no other legal ground as to why the decree prayed for
should not be granted in favour of the petitioner.
Signed at ………………..this ………….day of…………,
Deponent
VERIFICATION
I,……………..the above named deponent do hereby verify on oath
that the contents of the affidavit above are true to my personal
knowledge and nothing material has been concealed or falsely
stated therein.
Verified at……………..this …………..day of………….
Deponent