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    Plaint Order Vii: Meaning

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    cps

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    Plaint Order Vii: Meaning

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    PRASAD
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    cps

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    CPC

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    Download as pptx, pdf, or txt
    6 views7 pages

    Plaint Order Vii: Meaning

    Uploaded by

    PRASAD
    cps

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 7

    PLAINT Order VII

    MEANING
    A plaint is a statement of claim, a document
    by presentation of which the suit is instituted.
    Object of plaint is to state the grounds upon
    which the assistance of the court is sought by
    the plaint.
    Particulars of Plaint
    A plaint must contain the following particulars:-

    Name of the court
    Name ,age, description occupation and residential address of the
    plaintiff /s and defendant/s.
    Facts constituting cause of action and when such cause of action arose.
    Facts showing Court’s jurisdiction.
    Value of subject matter.
    Relief claimed by the plaintiff .
    If the plaintiff is minor or unsound mind person ,details of statement to
    that.
    If plaintiff is in representative capacity, showing his actual existing
    interest.
    If it is money suit, details of amount claimed.
    If the plaintiff is allowing set off or relinquished any portion of the claim,
    details of it.
    If the suit is for mesne profi ts or accounts ,details of approximate
    amount.
    If the suit is for immovable property its description, boundaries ,survey
    number ,details etc.
    Interest and liability of the defendant.
    If the suit is barred by time , particulars of exemption claimed.
    Cause of Action
    Cause of action means a bundle of
    essential facts, which it is necessary for
    the plaintiff to prove before he can
    succeed the case. It is a media upon which
    upon which the plaintiff asks the courts to
    arrive at a conclusion in his favor. It must
    be antecedent to the institution of the suit
    and on the basis of that cause of action the
    suit must have been fi led. Details must be
    given in suit when the cause of action
    arosed.It helps the court and defendant to
    ascertain from the plaintiff whether in fact
    or law the cause of action arisen.
    Jurisdiction of the court

    The plaintiff must state all the facts showing


    how the court has pecuniary ,territorial or
    other jurisdictions are applicable to the
    subject matter of the suit
    Subject matter of the suit
    The plaintiff must state in the plaint the valuation of the
    subject matter of the plaint where the suit is barred by
    limitation.

    Limitation
    (Order VII,R.6)
    IT is necessary for the plaintiff to show the ground of
    exemption in the plaint where the suit is barred by limitation.

    Relief
    Every plaint must state specifi cally the relief to show by the
    plaintiff . If the plaintiff is entitled to more than one relief in
    respect of same cause of action, it is open for him to claim all
    or any such reliefs. If omitted(except leave of court)he will
    not afterwards be allowed to sue for relief so omitted. Court
    may grant lesser relief prayed by him but court cannot grant
    a larger relief to the plaintiff than that claimed by him.
    Return of Plaint
    (O.VII,R.10)
    Where at any stage of the suit, the court finds
    that it has no jurisdiction, either territorial or
    pecuniary or with regard to the subject
    matter of the suit, it will return the plaint of
    is appealable.
    Rejection of Plaint(O.VII
    R.11)
    Rejection of plaint may arise in any of the
    following circumstances.
    Where it does not disclose cause of action.
    Where the relief claimed is under valued.
    Where it is insufficiently stamped.
    Where it is barred by any law.
    An order of rejection of plaint is a decree
    within the meaning of Sec.2(2) of C.P.C. and
    therefore it is appealable.
    When a suit or appeal is re-submitted it is
    treated as if from first presentation.

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