Define “Plaint” what are the various particular of plaint and on what ground a plaint may be rejected?


Define “Plaint” what are the various particular of plaint and on what ground a plaint may be rejected?

The term plaintiff may be defined as a statement of claim from which a document is made by the presentation of which suit. Its main purpose is to state the land on which the court's assistance is sought by the plaintiff. It is also called the plea of ​​the plaintiff.

Particular Rules 1-8
Under Order VII Rule 1, each litigant shall include the following particulars:
A) Name of the court where the suit was brought.
B) Name, description and place of residence of the plaintiff.
C) Name, description and place of residence of the defendant.
D) A statement to that effect if the plaintiff or defendant is a minor or a person of unskilled mind.
E) Is the jurisdiction of the court to be shown by fact.

F) Relief claim by plaintiff.

Money suit [Rule2]:If the plaintiff seeks the defendant to recover the money, the statements refer to the exact statement claim. It should be noted that in the following suit, the plaintiff amounted to approx.
1. Suits relating to Mason benefits.
2. Suits related to unsalted account.
3. Litigation relating to possession of property.

4. Suits related to depots.

Rule 3: If the lawsuit is a matter of immovable property, the plaintiff must have a property description to identify it. The plaintiff should specify the number or boundaries in the record or survey.

Defendant‘s interest and liability [Rule 5]:-It is important for the plaintiff to show in his suit that the interest or liability of the defendant is of the subject

Return of Plaint [10]: ]: Where the trial is at any stage, the court finds that the court has no jurisdiction, or territorial or arbitral or subject of the suit, the court shall return the suit to be presented to the appropriate court Who should have installed the suit.
Plaint
Plaint

Rule 10-A states that the procedure to be followed by a court before returning the plaintiff to be presented to the appropriate court. It is inserted on the summons to assume the requirement of the defendant that a withdrawal is made after the presence of the defendant in the suit. An appellate court has also empowered that she can return the plaintiff and be presented to the appropriate court.

Before returning the plaintiff, the judge must make an approval such as (i) the date on which the plaintiff made the presentation, (ii) the date on which the plaintiff was presented, (iii) the name of the party present, (iv) returning The reason for the party.


After returning from the wrong court, a petition is filed in the appropriate court, it cannot be said that the suit must be deemed to be a continuation of the suit and to initiate the suit when a petition is filed in the appropriate court.

Rejection of Plaint [Rule 11]:-The court will reject the plaintiff in the following cases: -
1. Where the plaintiff does not disclose the cause of action.
2. Where relief has been claimed, it has not been evaluated.
3. Where the plaintiff is insufficiently sealed.
4. Where the plaintiff is not in duplication.
5. Where the statutory provision has not been followed.
6. Ground of others.                         
7. Power and duty of the court.
8. Procedure on the rejection of the plaintiff: 12.
9. Effect of rejection of plaintiff: 13.
10. Appeal.
1) Where the plaintiff does not disclose the cause of action: -If the plaintiff has filed a suit but does not disclose any cause of action, the court has the power to reject it, and he does. But before dismissing the petition on this basis, the court should look into the matter and do nothing. On this basis, the court has the power to reject the plaintiff, only then the court should come to a conclusion and all the allegations are proved and the plaintiff does not have the right to seek relief. In this case, the court will dismiss the plaintiff without issuing summons to the defendants. But if the plaintiff does not disclose any cause of action, drafting, it is not right to repeat the ritual or to create confusion.
2) Where relief has been claimed










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