Wednesday, 28 October 2015

Particulars to be contained in plaint



What is Plaint?
The expression ‘plaint’ has not been defined in the code. However, it can be said to be a statement of claim, a document, by presentation of which the suit is instituted. Its object is to state the grounds upon which the assistance of the court is sought by the plaintiff. It is a pleading of the plaintiff.


Particulars to be contained in plaint

According to ORDER VII Ru1e 1 of Code of Civil Procedure 1908,

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 affect;
(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.




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