Plaint and Written

Statement
Plaint( O. 7)
• # Girija Bai v. Thakur Das, 1967
• The plaint shall contain the following particulars ( R. 1)--
• (a) the name of the court in 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, 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) 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 so allowed or relinquished; and
• (i) a statement of the value of the subject-matter of the suit for the purposes
of jurisdiction and of court-fees, so far as the case admits.
PLAINT
1. Parties to Suit
2. Cause of action
• R. 11( Rejection of Plaint)
• #Ganesh Trading Co. v. Moji Ram, 1978
• # Cooke v. Gill, 1873
• # L. Janakirama Iyer v. P.M. Nilakanta Iyer, 1962
• # Kuldeep Singh v. Ganpat Lal, 1996
• # Alchemist Ltd v. State Bank of Sikkim, 2007
PLAINT
3. Jurisdiction of court
4. Valuation
- For the purposes of pecuniary jurisdiction
- Court fees
5. Limitation( R. 6)
6. Relief( R. 7- 8)
#Rajendra Tiwary v. Basudeo Prasad, 2002
# Bhagwati Prasad v. Chandramaul, 1966
# Makhan Lal v. Mahalaxmi Bank Ltd, 1968
# Subhas Chandra v. Ganga Prasad, 1967
Admission of plaint
• Rule 9
(1) The plaintiff shall endorse on the plaint, or annex thereto, a
list of the documents (if any) which he has produced along
with it; and, if the plaint is admitted, shall present, within such
time as may be fixed by the Court or extended by it from time
to time, as many copies on plain paper of the plaint as there
are defendants, unless the Court by reason of the length of
the plaint or the number of the defendants, or for any other
sufficient reason, permits him to present a like number of
concise statements of the nature of the claim made, or of the
relief claimed in the suit, in which case he shall present such
statements.
Admission of Plaint