A plaint is a legal document used by a plaintiff after filing a suit before a civil court. It is in written form and contains all the details of the suit to present his/her claim. It is the first step in filing the suit, and the whole proceeding is based on the plaint.

Plaint
The Code of Civil Procedure under Order VII contains all the necessary information about the plaint. Rule 1 of Order VII refers to the particulars that are necessary while filing a plaint. On the top of the plant, the name of the court before which the suit is filed should be stated. i.e. before the district court of Dehradun or the high court of Uttarakhand. The second thing in the plaint is necessary is the name, description, and place of residence of both plaintiffs and defendants. The third thing is to state the mental condition of both parties or if they are minors.

Then the plaintiff has to mention the cause of action, where it started, the jurisdiction of the court, and why the court should hear the plea. In the plant, the relief that the plaintiff claims should also mention whether he has allowed a set-off to relinquish a portion of his claim and a statement of the value of the subject matter. The value of the subject matter is necessary for the jurisdiction of the court and court fees.

If a plaintiff sues a defendant as a representative, he has to show that he has taken all the important steps to institute the suit in the subject matter in which he is interested. Also, he has to mention the document in the list while presenting a plaint on which he sues or relies.

However, where the matter is related to the recovery of money, the plaintiff has to mention the exact amount that he claims in the plaint but where he is filing a suit in which he cannot value the amount, where the amount is decided after the investigation; plaintiff has to mention the approximated amount. These approximated amounts are stated in mesne profit, a movable property that is in possession of defendants, or the debt, and when the subject matter is related to movable property, the plaintiff has to mention the description of the property sufficient to identify it like boundary number in record of the property. (Rule3 and 4)

The court sends summon to the defendants to inform him to present in court, so the plaintiff has to submit copies of the plaint as the no. of defendants are in the suit within seven days from the date of order as well as he has to pay the required fees to summon the defendant after plaint has been filed.

While instituting a suit, the suit mustn't be filed in defect jurisdiction. If a plaintiff files the suit under improper jurisdiction, the plant will be returned to the proper jurisdiction. It can be done at any stage of the suit to present it in proper court. Before the amendment, when a suit is returned from the wrong court to the proper court, the suit cannot be continued from where it is returned. It should be filed as new suit in the proper jurisdiction court.

However, before the case of Joginder Tuli vs. S.L. Bhatia, the Supreme Court gave an opinion that the amendment of the plaint increase the value of the suit and pecuniary jurisdiction was lost. The high court directed to proceed with the case from where it was transfer. S.C. gave power to the court of first instant to specify the proper court to the plaintiff and the respondent and fix the date regarding the same (rule 10A).

Case- oriental insurance co. tejparas associates and Exports Pvt. Ltd.
It is not necessary that every plant would be accepted by the court. The plaint can be rejected by the court if the cause of action is not mentioned in the plaint, the undervaluation of relief claimed and failed to correct in the given time, if the valuation of relief is correct but not properly stamped and fails to do so in requested time, barred by law, or not filled in duplicate or fails to comply with rule 9 or order VII. When the judge rejects a plaint, the reason is to be recorded by the court.

FORMAT OF PLAINT
IN THE CIVIL COURT
DEHRADUNSUIT NO._____OF 2023

Ram Lal Singh aged 41, S/O______contact no.

Address

…petitioner

Versus

Malika Singh Aged 39 years, R/O Ram Lal Singh, contact

….respondent

SUIT FOR THE PARTITION OF PROPERTY

MOST RESPECTFULLY SHOWETH:

1. That the petitioner is a resident of Rajpur Road, Dehradun and the defendant is the cousin of the plaintiff.
2. That the petitioner wants to use his portion of land that is near the house of the petitioner.
3. That the defendant is not ready to give the portion of land to the plaintiff.
4. That the defendant wants to build a house overall land without paying the cost of the portion to the plaintiff.
5. That the cause of action arose in favor of the petitioner since respondent is using unfair demands and tactics.
6. That there is no collusion between the petitioner and respondent.
7. That there is no other proceeding with respect to the property between the petitioner and the respondent have been filed in the Hon'ble court or any court in India.
8. That this Hon'ble court has jurisdiction to entertain and try this petition as the land is in Dehradun.
9. That the court fee has been affixed.

PRAYER

In the fact and circumstances mentioned herein above this Hon'ble, court may graciously be pleased to:

1. Pass a decree in favour of petitioner and against the respondent.
2. Pass any other relief or reliefs which the court may deem proper under the circumstances be also awarded by the petitioner.

PETITIONER

THROUGH

___________Advocate


Place:

Date:

VERIFICATION
I, state on solemn affirmation that whatever contains in paragraphs 1 to para no. 9 of the petition is true to my own knowledge and whatever contained in paragraphs no. 1 to para no. 9 is based on information received and believed to be true to me.

Sighed and verified this ____day of_______2023 at_____


Conclusion
The plaint helps in better understanding of the facts and point of conflict. It is in written so that any one can understand the fact and issue of the matter of the suit easily.