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 word plaint may be defined as a statement of claim, a document by presentation of which of the suit is instituted. Its main object is to state the ground upon which the assistance of the Court is sought by the plaintiff. It is also called a pleading of the plaintiff.

Particular Rules 1-8
Under Order VII Rule 1 every plaint shall contained the following particulars:
a)      Name of the Court where the suit brought.
b)      The plaintiff name, description and place of residence of the plaintiff.
c)      The defendant name, description and place of residence of the defendant.
d)     A statement to that effect if where the plaintiff or the defendant is minor or a person of unsound mind.
e)      The Court has jurisdiction should be shown by the fact.
f)       The relief claim by the plaintiff.

Money suit [Rule2]: If where the plaintiff seeks for the recovery of money to the defendant, the statements state the precise amount claim. It is to be noted that in the following suit, the plaint state approximately the amount.
1.      Suit related to Mesne profit.
2.      Suit related to unsettled account.
3.      Suit related to possession of property.
4.      Suit related to depts.

Rule 3: If where the suit is subject matter of immovable property then the plaint has to contain description of the property to identify it. The plaint should specify number or a boundaries in record or survey.
Defendant‘s interest and liability [Rule 5]:-It is important to the plaintiff to show in his plaint that the defendant interest or the liability the subject matter.
Plaint
Plaint

Return of Plaint [10]: Where the suit is any stage, the Court found that the Court has no jurisdiction, either territorial or pecuniary or any subject matter of the suit, the Court will return the plaint to be presented to the proper Court in whom the suit should have be instituted.
Rule 10-A states that the procedure to be followed by a Court before he return the plaint to be presented in proper Court. It has been inserted to obviate the necessity of the defendant on summons that the return of plaint is made after the appearance of the defendant in the suit. An appellate Court has also empowered that it can return the Plaint and be presented in the proper Court.
Before returning the plaint the Judge should make an endorsement such as (i) the date on which plaintiff gave presentation, (ii) the date on which plaintiff return, (iii) name of the presenting party, (iv) the reason for returning the party.
After getting back from wrong Court the plaint is filed in proper Court it can’t said that to be continuation of suit and the suit must be deemed to commence when a plaint is filed in proper Court.

Rejection of Plaint [Rule 11]:-The Court will reject the plaint in the following cases:-
1.      Where the plaint does not disclose cause of action.
2.      Where relief claimed is undervalued.
3.      Where plaint is insufficiently stamped.
4.      Where plaint is not in duplicate.
5.      Where there is non-compliance with statutory provision.
6.      Others ground.
7.      Power and duty of Court.
8.      Procedure on rejection of plaint: 12.
9.      Effect of rejection of Plaint: 13.
10.  Appeal.

1)      Where plaint does not disclose cause of action:-If the plaint filed a plaint but does not disclose any cause of action, the Court has power to reject it, and does it. But before rejecting the plaint on this ground the Court must look the plaint and nothing else. On this ground, the Court have power to reject the plaint should be exercised only if the Court come to conclusion and all the allegation is proved and the plaintiff is not entitled to get relief. In this case the Court will reject the plaint without issuing summon to defendants. But if the plaint does not disclose any cause of action, drafting, ritual of repeating words or creation of an illusion not entitled to a cause of action in a plaint.

2)      Where relief claimed is undervalued:-Where the relief is claimed by the plaintiff is undervalued and within time fixed by the Court the Plaintiff fail to do so the Court will reject it.

3)      Where plaintiff is insufficiently stamped:-Where the relief claimed by the plaintiff to the defendant is properly valued but the plaint is written on paper insufficiently stamped and plaintiff fails to pay the Court fees within time given by the Court. In this case the Plaint will be rejected.

4)      Where plaint is not in duplicate:-The plaint should be in duplicate and it should filed in duplicate. If the plaint is not in duplicate then it may be rejected.

5)      Where there is non-compliance with statutory provision:-Rule 9 prescribes if the plaintiff fail to comply with the provision under Rule 9 the Plaint will be rejected.

6)      Others Ground:-Rule 11 of Order 7 prescribes the ground of rejection of pliant are not exhaustive on other ground it can be rejected. Whereas the plaintiff did not authorized a person to sign in Plaint and the defect is not cured with in time given by the Court the plaint can be rejected.

7)      Power of the Court:-Order 7 Rule 11 Power the Court drastic in nature. The Court has stringent power to exercise condition precedent. Hence before exercising this power it is the duty of the Court to look condition are fulfilled. To reject the plaint can be granted at any time of the suit.

8)      Procedure on rejection of Plaint: Rule 12:-While the Court reject the plaint the judge will pass an order to that effect and record a reason of rejected.

9)      Effect of rejection of Plaint: Rule 13:-Under this ground if the plaint is rejected the plaintiff is not precluded from presenting a fresh plaint in respect of the same cause action.

10)  Appeal:-Under section 2(2) of the Code an order of rejecting a plaint is decree under section 2(2) of the Code, and it is appealable.











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