The Plaint

In one line

The plaint is the document that starts a suit, and Order VII Rule 1 lists the nine things it must contain.

Why the Code prescribes the contents

A plaint has to do three things before a judge has even read the facts. It must show the court that it is the right court, show the defendant what the case against him is, and show everyone what is being asked for. Rule 1 is simply those three requirements broken into nine items.

Read the list that way and it stops being something to memorise. Items (a), (f) and (i) are about the court. Items (b), (c) and (d) are about the parties. Item (e) is the case. Items (g) and (h) are the claim.

The nine particulars

Rule 1 provides that the plaint shall contain the following particulars:

(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 (i) a statement of the value of the subject matter for the purposes of jurisdiction and of court fees, so far as the case admits

Three of these repay a second look.

(e) has two limbs. Not only the facts constituting the cause of action, but when it arose. That date is what a court uses to see, on the face of the plaint, whether the suit is within time. See [Bar of Limitation and Condonation of Delay].

(f) is a pleading requirement, not an argument. The plaint must plead the facts that show jurisdiction, for instance where the defendant resides or where the cause of action arose, not merely assert that the court has jurisdiction. See [Place of Suing].

(h) exists because of Order II Rule 2. A plaintiff who relinquishes part of his claim to bring the suit within a court's pecuniary limit must say so, because that relinquishment is permanent. See [Bar to Further Suit].

Rule 2 adds that in money suits 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 on taking unsettled accounts, or for movables in the defendant's possession, or for debts whose value he cannot estimate after reasonable diligence, the plaint shall state approximately the amount or value sued for.