Plaint in CPC

Introduction

A Plaint is a legal document that contains the content of any civil suit which shows the Plaintiff’s claim after filing suit. The plaint is the first step of the Plaintiff in the form of a legal document for the commencement of suit and it shows what a Plaintiff wants from that suit. The concept of a plaint is mentioned in the Civil Procedure Code. Through the help of plaint, the plaintiff narrates or describes the cause of action and related information which is considered as essential from the viewpoint of the suit.

In the case of plaint, the cause of action consists of two divisions,

1. The legal theory (the factual situation based on which the plaintiff claims to have suffered and
2. It is the legal remedy that the plaintiff seeks from the court. A plaint is considered an important concept because it is the foremost and initial stage to initiate any lawsuit and helps to find a civil court of appropriate jurisdiction.

Order VII of the Code of Civil Procedure deals, particularly with plaint. In Order VII of CPC, there are many different rules which deal with different constituents of plaint.

Rules 1 to 8 deal with the particulars of the plaint.

Rule 9 of CPC deals with how the plaint will be admitted.

Rule 10 to 10-B talks about the return of the plaint and the appearance of parties.

Main Rules i.e., 11 to 13 deal with the rejection of the plaint and in which circumstances the plaint can be rejected.

Section 26 of the Code of Civil Procedure states “Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed.” This section clearly shows that plaint is very much necessary for the establishment of a suit before the civil or commercial court.

Necessary Contents of a Plaint

A plaint is a legal document that contains a lot of necessary contents in the absence of which, it cannot be considered as a plaint. The contents necessary for a plaint are mentioned in Rules 1 to 8 of Order VII of CPC. These are mentioned below:

1. Plaint should contain the name of the commercial or civil court where a suit will be initiated.
2. Parties to suit: There must be two parties in every suit, namely, the plaintiff and the defendant. There may, however, be more than one plaintiff or more than one defendant. But there must be at least one plaintiff and one defendant in every suit. All particulars, such as name, father’s name, age, place of residence, etc., which are necessary to identify the parties, must be stated in the plaint.
   • Plaint should contain details of the plaintiff such as the name, address, and description.
   • Plaint should contain the name, residence, and description of the defendant.
3. When a plaintiff has some defects or problems in health or any type of disability, the Plaint should contain a statement of these effects.
4. Plaint should contain the facts due to which cause of action arises and where the cause of action arises it should also be mentioned.
5. Cause of action : Every suit presupposes the existence of a cause of action against the defendant because if there is no cause of action, the plaint will have to be rejected. Even though the expression “cause of action” has not been defined in the Code, it may be described as “a bundle of essential facts, which it is necessary for the plaintiff to prove before he can succeed”, or “which gives the plaintiff right to relief against the defendant”. Thus, “cause of action” means every fact, which it is necessary to establish to support a right or obtain a judgment. To put it differently, cause of action gives occasion for and forms the foundation of the suit. “Cause of action means every fact which it would be necessary for the plaintiff to prove, if traversed, in order to support his right to the judgment of the court.
6. Plaint should also contain about that relief which the plaintiff seeks from the court.
7. Jurisdiction of court : The plaint must state all the facts showing how the court has pecuniary and territorial jurisdiction over the subject matter of the suit.When the jurisdiction of a court to entertain the suit is disputed by the defendant, the court may frame the issue to that effect and decide the same before deciding other issues.
8. Valuation: The plaintiff must state in the plaint the valuation of the subject matter of the suit for the purposes of pecuniary jurisdiction of the court and court fees. Sometimes, the valuation of the subject matter for both the purposes may be the same, as, for example, in a suit for recovery of money. But sometimes, two valuations may differ, as, for example, in a suit for declaration or in a suit for injunction or for possession of immovable property. In such a case, the plaintiff should distinctly state the valuation of the suit for the purpose of jurisdiction of the court and for the purpose of court fees.
9. Limitation: Rule 6 provides that where the suit is barred by limitation, it is necessary for the plaintiff to show the ground of exemption in the plaint. But the proviso added by the Amendment Act of 1976 empowers the court to permit the plaintiff to rely on a new ground for exemption if it is not inconsistent with the grounds mentioned in the plaint.

10. Relief: Rules 7-­8 Every plaint must state specifically the relief claimed by the plaintiff either simply or in the alternative. Where the relief is founded on separate and distinct grounds, they should be so stated. Where the plaintiff is entitled to more than one relief in respect of the same cause of action, it is open to him to claim all or any of such reliefs. But if he omits, except with the leave of the court, to sue for any particular relief, he will not afterwards be allowed to sue for the relief so omitted.

11. Admission of plaint: Rule 9 Rule 9 lays down the procedure when the plaint is admitted by the court. It provides for filing of copies of the plaint by the plaintiff and also requires him to pay requisite fees for the service of summons on the defendants within seven days.
12. When the plaintiff is ready to set off a portion of his claim, the Plaint should contain that amount which has been so allowed.
13. Where the suit is for recovery of money, the precise amount claimed;
14. Where the suit is for accounts or mesne profits or for movables in the possession of the defendant or for debts which cannot be determined, the approximate amount or value thereof;
15. Where the subject­ matter of the suit is immovable property a description of the property sufficient to identify it, e.g. boundaries, survey numbers, etc.
16. At last, the content that should be on plaint is the plaintiff verification on oath.

Return of plaint:

Rules 10-­10­B 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 to be presented to the proper court in which the suit ought to have been filed.

Rule 10­A prescribes the procedure to be followed by a court before the plaint is ordered to be returned to be presented to the proper court. It is inserted to obviate the necessity of serving the summons on the defendants where the return of plaint is made after the appearance of the defendants in the suit. An appellate court can also return the plaint to be presented to the proper court.62 The judge returning the plaint should make endorsements on it regarding

1. the date of presentation;
2. the date of return;
3. the name of the party presenting it; and
4. reasons for returning it.

 But at the stage of consideration of return of plaint, the averments in the plaint alone should be looked into. Moreover, the plaint should be read in a meaningful manner and as a whole so as to find out the real intention behind the suit. When the plaint is filed in the proper court, after getting it back from the wrong court, it cannot be said to be a continuation of the suit and the suit must be deemed to commence when a plaint is filed in the proper court. The order returning the plaint is appealable.

Rejection of plaint

The Plaint shall be rejected in certain situations when requirements are not fulfilled. Some of the situations in which the plaint is rejected are as follows:

• The plaint is rejected in a case where the cause of action is not disclosed : If the plaint filed by the plaintiff does not disclose any cause of action, the court will reject it. But in order to reject the plaint on this ground, the court must look at the plaint and at nothing else. The power to reject a plaint on this ground should be exercised only if the court comes to the conclusion that even if all the allegations set out in the plaint are proved, the plaintiff would not be entitled to any relief. In that case, the court will reject the plaint without issuing summons to the defendants. The reading of the plaint should be meaningful and not formal. But where the plaint does not disclose cause of action, clever drafting, ritual of repeating words or creation of an illusion cannot insert a cause of action in a plaint.
  Again, there is a difference between a plea that the plaint does not disclose a cause of action and a plea that there is no cause of action for instituting a suit. For determining whether the plaint discloses the cause of action or not, averments in the plaint alone are relevant and material. Finally, the plaint can be rejected as a whole if it does not disclose the cause of action. A part of it cannot be rejected. If the cause of action is not disclosed then it is not possible to prove the damage caused to the plaintiff.
  Case Laws :
  In Samar Singh v. Kedar Nath Alias K.N. Singh & Ors. (1987), an appeal was filed under Section 116-A of the Representation of the People Act, 1951, against the judgement of the Allahabad High Court. The respondent, i.e., Kedar Nath, won the Lok Sabha Elections from Hapur. The appellant was able to secure only 617 votes in the election. The election petition was rejected under Order 7 Rule 11of the Code of Civil Procedure because it did not disclose any cause of action.
  Church of Christ Charitable Trust v. M/S. Ponniamman Educational Trust (2012)  The Hon’ble Supreme Court in the case made the observation that the cause of action is essential for the plaintiff to prove in order to succeed in the suit. Thus, a plaint that does not reveal/disclose the cause of action has no scope of succeeding and, thus, must be dismissed.

• Where relief claimed is undervalued :
  Where the relief claimed by the plaintiff is undervalued and the valuation is not corrected within the time fixed or extended by the court, the plaint will be rejected. In considering the question whether the suit is properly valued or not, the court must confine its attention to the plaint only and should not look at the other circumstances which may subsequently influence the judgment of the court as to the true value of the relief prayed for.
  To seek relief against the defendant, the facts need to be mentioned clearly.
  In the case of Sp Shipping Service Pvt. Ltd. v. World Tanker Carrier Corporation, the plaint was rejected and the suit dismissed under Order 7. Rule 1(a) of the C.P.C.1908.
  “The plaint is also rejected in a case where the plaintiff relief is undervalued and the plaintiff is requested by the court to correct the valuation within the given time frame but the plaintiff fails to do so.”
• The plaint is rejected in a case where all the documents are not properly stamped: Sometimes the relief claimed by the plaintiff is properly valued, but the plaint is written upon a paper insufficiently stamped and the plaintiff fails to pay the requisite court fees within the time fixed or extended by the court. In that case, the plaint will be rejected. However, if the requisite court fee is paid within the time extended by the court, the suit or appeal must be treated as instituted from the date of presentation of plaint or memorandum of appeal for the purpose of limitations well as payment of court fee. If the plaintiff cannot pay the court fees, he may apply to continue the suit as an indigent person.
• Where suit is barred by law: Where the suit appears from the statements in the plaint to be barred by any law, the court will reject the plaint. For instance, where in a suit against the government, the plaint does not state that a “notice” as required by Section 80 of the Code has been given, the plaint will be rejected under this clause. But where waiver of such notice is pleaded, the court cannot reject the plaint without giving the plaintiff an opportunity to establish that fact. Likewise, if the plaint itself shows that the claim is barred by limitation, the plaint can be rejected. But if the question of limitation is connected with the merits of the case, the matter requires to be decided along with other issues.
• Where there is non­compliance with statutory provisions
  The plaint is rejected when the plaintiff fails to comply with the provisions of Rule 9 of Order VII of C.P.C. When a duplicate copy of the plaint is not submitted whereas it is mentioned that it is mandatory to submit the duplicate copy then in that condition plaint is liable to be dismissed.
• Other grounds:
  The grounds for rejection of plaint specified in Rule 11 of Order 7 are not exhaustive. On other relevant grounds also, a plaint can be rejected. Thus, if the plaint is signed by a person not authorized by the plaintiff and the defect is not cured within the time granted by the court, the plaint can be rejected. Likewise, where the plaint is found to be vexatious and meritless, not disclosing a clear right to sue, the court may reject the plaint under this rule.

Procedure on rejection of plaint (Rule 12)

 Where a plaint is rejected by a court, the judge will pass an order to that effect and will record reasons for such rejection.

Effect of rejection of plaint (Rule 13):

If the plaint is rejected on any of the above grounds, the plaintiff is not thereby precluded from presenting a fresh plaint in respect of the same cause of action.

Appeal (Section 96):

An order rejecting a plaint is a deemed “decree” within the meaning of Section 2(2) of the Code, and, therefore, is appealable.

Case Laws:

Azhar Hussain v. Rajiv Gandhi (1986) that the main motive of Order 7 Rule 11 is to ascertain that litigation that barely has any meaning or is bound to prove ‘abortive’ is not permitted to occupy the time of the courts and exercise the minds of the defendants. 

Akbar Ali v. Umar Khan (2021), observation in this case was made that the provisions stated in Order 7 Rule 11 as ground rules for rejecting a plaint are not exhaustive in nature. Further, the court has an inherent power to reject a plaint in a case where it is of a frivolous or vexatious nature. In addition, it also stated that such litigation does not grant the plaintiffs the right to consume the time of the court.

Kalepur Pala Subrahmanyam v Tiguti Venkata: In this case, it was said that a plaint cannot be rejected in part and retained part under this rule. It must be rejected as a whole and not with the rejection of one part and acceptance of another. This judgment is considered as a landmark judgment on the rejection of the plaint.  

Difference between rejection of plaint and return of plaint 

Before we proceed further on the ground rules for rejecting a plaint, it is pertinent to understand the difference between the rejection of a plaint and the return of a plaint. 

Under Order 7 Rule 10, if the court finds that it does not have the jurisdiction to try the matter, at any stage of the suit, the suit shall be returned or presented to the court in which it should have been instituted. In other words, if the court, at any stage of the trial, finds out that a plaint should be instituted in some other court, the court will return the plaint to the proper court, which holds the rightful authority.

Whereas, under Order 7 Rule 11, there are several grounds upon which a plaint can be rejected by the court. 

Provisions on the Rejection of Plaint under C.P.C.

As we have already said in what circumstances the plaint can be rejected and now what are the provisions that are related to the rejection of the plaint under Code of Civil Procedure. Some of the provisions regarding the rejection of a plaint are mentioned below:

• Order VII Rule 12 of C.P.C states the procedure on rejecting the plaint so that it can be used as a precedent for future cases.
• Order VII Rule 13 of C.P.C states that rejection of the plaint does not stop the presentation or filling of the fresh plaint. Two modes which are mentioned to show the manner in which the plaint can be rejected:

1. 1. 1. The defendant has the right to file an application in the form of an interlocutory application at any stage of proceedings for the rejection of the plaint.
      2. Suo moto (on its own): The meaning of the suo moto itself defines the way of rejection of the plaint. Suo moto rejection is under Order 7 Rule 11 which states Rejection of the plaint. A court can itself try a suit under Order 7 Rule 11 if the plaint fulfils the conditions discussed in the first point.

Landmark Cases on Rejection of Plaint

Many cases came in front of court related to the rejection of plaint but some of the cases given below are now considered as a landmark for other cases on the rejection of plaint:

Kalepur Pala Subrahmanyam v Tiguti Venkata: In this case, it was said that a plaint cannot be rejected in part and retained part under this rule. It must be rejected as a whole and not with the rejection of one part and acceptance of another. This judgment is considered as a landmark judgment on the rejection of the plaint.

Sopan Sukhdeo Sable v. Asst. Charity Comm: In this case, it was held that where the suit was at the stage of recording of evidence and an application under Order 7 Rule 11 of the code was filed to delay the proceedings of the suit, the application under Order 7 rule 11 of the code was rejected.