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    AAPPRROOJJEECCTTOONN

    PPLLAAIINNTTSSAANNDDIITTSSPPAARRTTIICCUULLAARRSS

    SSUUBBMMIITTTTEEDDTTOO::--MMDD..HHAADDIIUURRRRAAHHAAMMAANN,,

    FFAACCUULLTTYY,,DDRRAAFFTTIINNGG,,PPLLEEAADDIINNGGAANNDDCCOONNVVEEYYAANNSSIINNGG

    SSUUBBMMIITTTTEEDDBBYY::--VVIIVVEEKKKKUUMMAARRSSAAII

    SSEEMMEESSTTEERRVVIIIIII

    RROOLLLLNNOO..114466

    BBAATTCCHHXX

    BB..AA..LLLL..BB..((HHOONNSS..))

    DDAATTEEOOFFSSUUBBMMIISSSSIIOONN::2255..0022..22001144

    HIDAYATULLAH NATIONAL LAW UNIVERSUTYRAIPUR C.G.)

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    Plaints and its particulars

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    AACCKKNNOOWWLLEEDDGGEEMMEENNTTSS

    I, vivek kumar sai , feel myself highly elated, as it gives me tremendous pleasure to come

    out with the work on the topic plaints and its particulars.

    First and foremost, I take this opportunity to thank MD. Hadiur Rahaman Sir,Faculty,

    Drafting, Pleading and Conveyansing, Hidayatullah National Law University, Raipur for

    allotting me such topic to work on. She has been very kind in providing inputs for this work, by

    way of her lectures and suggestions.

    I would also like to thank my dear colleagues and friends in the University, who have

    helped me with ideas about this work.

    Last, but not the least I thank the University Administration for equipping the University

    with such library and IT facilities, without which, no doubt this work would not have taken this

    shape in correct time.

    VIVEK KUMAR SAI ,

    B.A.LL.B.(HONS.),

    HNLU,NEW RAIPUR.

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    TTAABBLLEEOOFFCCOONNTTEENNTTSS

    Acknowledgements02

    Table of Contents..03

    List of abbreviations and Acronyms.................................................................................................04

    Objectives...05

    Research Methodology.06

    Introduction..07

    1. Plaint and its particulars.................................082. Essential requistes particulars of plaint093. Additional particulars in certain plaint.........................................................................104. Other essential to be furnished in the plaint.................................................................115. The formal part and content of particular........12

    Conclusion....................................................................................................................................26

    References.27

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    LLIISSTTOOFFAABBBBRREEVVIIAATTIIOONNSS&&AACCRROONNYYMMSS

    AIR : All India Reporter

    ed. : Edition

    HC : High Court

    Id. : Ibid/ Iridium

    SC : Supreme Court

    SCC : Supreme Court Cases

    ST : Scheduled Tribes

    Supra : From the same footnote

    VLM : Village Level Workers

    Vol. : Volume

    w.e.f. : With effective from

    www : World wide web

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    OOBBJJEECCTTIIVVEESS

    The work deals with the topicplaints and its particulars. The objectives of the work

    are the followings:-

    Meaning of plaints

    Contents of plaints

    Additional particulars in certain plaints

    essential to be furnished in the plaints

    the formal parts and content of plaint

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    RREESSEEAARRCCHHMMEETTHHOODDOOLLOOGGYY

    The method adopted for this work wasanalyticalin nature based on empirical and non-

    empirical sources.

    Legislative enactments, judicial pronouncement, books, reports, journals, news and other

    reference have been primarily helpful in giving this work a firm structure. Articles form websites

    and blogs have also been referred.

    Footnotes have been provided wherever needed, either to acknowledge the source or to

    point to a particular provision of law. Uniform Bluebook (19thed.) citati on format has been

    followed for footnoting.

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    IINNTTRROODDUUCCTTIIOONN::

    Plaint has not statutory definition. It means nothing more than a private memorial tendered to

    court in which a person set forth his cause of action .the exhibition of an action in writing. Theplaint should contains the fact constituting the cause of action and the time when it arose of

    claim in writing in field .hence plaint is a statement by the plaintiff in which he sets out his cause

    of action with all necessary particulars .it is statement of claim and demands in writing .

    A plaint is the process bywhich proceeding in the court is a plaint .a plaint is statement in the

    writing of a cause of action in which the relief claimed is set out in detail. Section 26 of the code

    of civil procedure provides that every suit shall be instituted by the presentation of plaint or in

    such other manner may be prescribed .in every plaint, facts shall be proved by affidavit

    Further the plaint meant to give fair information about once case to opponent. To provide a brief

    summary of the case and to assist the court to decide the dispute effective.

    Bullen and lenke defines the plaint as. To define and identify to dispute and issues between the

    parties .

    OR.VII of CPC is about the plaint or written submission. Stated that plaint is the statement

    containing a complaint or allegation and seeking remedy agreed those allegation or complaint.

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    PLAI NTS AND PARTICULARASITS MEANI NG

    Plaint has not statutory definition. It means nothing more than a private memorial tendered to

    court in which a person set forth his cause of action .the exhibition of an action in writing. The

    plaint should contains the fact constituting the cause of action and the time when it arose of

    claim in writing in field .hence plaint is a statement by the plaintiff in which he sets out his cause

    of action with all necessary particulars .it is statement of claim and demands in writing .

    A plaint is the process by which proceeding in the court is a plaint .a plaint is statement in the

    writing of a cause of action in which the relief claimed is set out in detail. Section 26 of the code

    of civil procedure provides that every suit shall be instituted by the presentation of plaint or in

    such other manner may be prescribed .in every plaint, facts shall be proved by affidavit

    Order VII of the CODE OF CIVIL PROCEDURE deals with the plaint according to RULE 1 of

    ORDER of the CPC,A plaint shall contain the following nine particulars

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    ESSENTI AL REQUI SI TES PARTICULARS OF PLAI NT

    a) the name of the Court in which the suit is brought;b) the name, description and place of residence of the plaintiff.

    The term description includes age, father's name, caste etc.

    To describe the plaintiff as residing in particular area of a town is not a

    sufficient description of his residence. The full particulars of address containing

    the house number, street number, name of the area and the name of the village

    or town or city, and district and State with pin code number.

    c) the name, description and place of residence of the defendant, so far as they canbe ascertained;-

    d) where the plaintiff or the defendant is a minor or a person of unsound mind, astatement to that effect;

    e) the facts constituting the cause of action and when it arose;f) that facts showing that the Court has jurisdiction;g) the relief which the plaintiff claims;h) were the plaintiff has allowed a set off or relinquishing a portion of his claim ,the amount so allowed or relinquished.

    i) A statement of the value of the subject matter of the suit for the purpose of thejurisdiction and court fee, so far as the case admit.

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    ADDITIONAL PARTICULARS IN CERTAIN PLAINTS

    In the money suits: as per the RULE 2 ORDER VII of the CPC, were theplaintiff seeks the recovery of money ,the plaintiff shall state the precise amount

    claimed. But were the plaintiff sues for mesne profits or for amount which will

    found due to him on talking unsettled account of him and the defendant or for

    movable in the possession of the defendant ,or for debts of which the value he

    cannot after the exercise of the reasonable diligence, estimate the plaintiff shall

    state approximately the amount or value sued for.

    Suits of immovable property: according to RULE 2 ORDER VII of the CPC,were the subject matter is immovable property, the plaintiff shall contains a

    description of the property sufficient to identify it and in case such property is

    identify by boundaries or number in a record in a record of settlement or survey

    the plaintiff shall specify such boundaries or numbers.

    Representative suits: RULE 4 of ORDER VII of the CPC provide that were theplaintiff sues in a representative character the plaintiff shall show not only that he

    has an actual existing interest in the subject matter, but that he has taken the

    step(if any) necessary to enable him to institute a suit concerning it.

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    OTHER ESSENTIAL TO BE FURNISED I N THE PLAINT

    1) The plaintiff shall show that the defendant is or claims to be inserted in the subject matter and

    that he is liable to be called upon the answer the plaintiffs demand [RULE 5 of ORDE VII of

    the CPC]

    2) Were the suit is instituted after expiration of the prescribed period by the law of limitation, the

    plaint shall show the ground upon which exemption from such law is claimed [RULE 6 of

    ORDER VII of the CPC]

    3) every paint shall state specifically the relief which the plaintiff claim either simply or in the

    alternative and it shall not be necessary to ask general or other relief which may always be given

    as the court may think just to the same extent as if it had been asked for [RULE 7 of ORDER XIIof the CPC]

    4) were the plaintiff seeks the relief in respect of several distinct claims or causes of action

    founded upon the separate and distinct ground, they shall be stated as far as may be, separately

    and distinctly [RULE 8 of the ORDER VII of the CPC]

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    THE FORMAL PARTS AND CONTENTS OF PLAINT

    (i) Heading: Every plaint should be headed with the name of the Court in which the suit

    is brought. Where it is necessary to state the particular jurisdiction of the Court in which

    the suit is brought, the said jurisdiction ought to be stated below the name of the Court.

    Thus, where a suit is brought in a subordinate Civil Court the heading should be:

    "In the Court of the Subordinate Judge at.... ....................................................................... "

    Or "In the Court of the First Subordinate Judge at.

    But where it is necessary to state the particular jurisdiction of the Court, the heading should run

    as follows:

    "In theSupreme

    Court"

    "Original

    Jurisdiction";

    "In the High Court at ...................................................... "

    'Ordinary Original Civil Jurisdiction1

    or

    'Extraordinary Original Civil Jurisdiction1

    or

    'Admiralty

    Jurisdictio

    n' or

    'Matrimonial

    Jurisdiction'

    or

    Testamentary and Intestate Jurisdiction

    The suit is serially numbered after the plaint is presented the practice of the Subordinate

    Civil Courts for the plaintiff to the name of the Court the nature of the suit and the year of the

    blank space for the number of the suit to be filled up, e.g.

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    "Title Suit No. .....................................of 200..." or

    "Money Suit No. .................................. 200...

    In the plaints on the original side of the High Court and the Su Court, only the number of the suit

    with the year to be stated.'

    ii) Title

    a) Name of the parties:

    Then at the head of each plaint, the name of every plaint, and every defendant as far as it

    can be ascertained, must be set out. The name together with the description, and place of

    residence or business are| title or, the 'cause-title' of the suit. Under the rules of the Supreme Co^full names of both the plaintiff and the defendant must be given. If the plaintiff is unable to give

    the full name of the defendant, it is better to state in the body of the plaint that, inspite of his best

    endeavour, the plaintiff could not ascertain the full name of the defendant.

    If there are two or more plaintiffs or two or more defendants, it is convenient to number them

    serially and arrange them in the order convenieni for the presentment of the case.

    A Corporation must sue or be sued in its full corporate name. Partne may sue or be sued in the

    firm name. Any person carrying on business in a name or style other than his own name, may be

    sued in such name or style as if it were a firm name. The name of the next friend or guardian of a

    minor or a person of unsound mind should be mentioned in the cause-title. An idol may sue or be

    sued in the name of its shebaits or in its own name by or through its shebaits.

    b) Description and place of residence of the parties:

    Every plaintiff and every defendant should be so described in cause-title as to identify him. Theterm 'description

    1includes age, father's name, caste etc

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    To describe the plaintiff as residing in particular area of a town is not sufficient description of his

    residence. The full particulars of address containing the house number, street number, me of the

    area , the name of the village or the town or city with the pin code number any particulars as to

    fathers name caste. Thus A.B., solicitor of carrying on business under the name

    of.at.. is sufficient description.

    The capacity in which the plaintiff sues or the defendant is sued should ordinarily be set out in

    the body of the plaint, although it is recognised that the cause-title is the convenient place to state

    it. Dual capacity, as where the plaintiff sues in a representative capacity as also in his own right,

    should clearly be stated if not in the cause-title, at least in the body of the plaint.

    The place of residence of the plaintiff or the defendant is to be stated in the plaint. Place of

    residence however, can only apply to personal actions. It cannot apply to a firm, a Corporation or

    Government. Even in personal action, the place where a party carries on business or personally

    works for gain may be, and, often is, stated instead of his place of residence.

    In the case of a Company registered under the Companies Act, the place where the registered

    office of the Company is situate or where any of the branch offices of the Company is situate

    may be stated according to the necessities of the case. It may be stated "A.B. a firm carrying on

    business at .............................. and other places".

    First present the names and full description of plaintiff(s). In next sentence mention Versus' and

    in next sentences mention the name and full description of defendant(s).

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    An example as:

    (1)

    In the court of munsif,.

    Suit no. of 200

    A.B. S/O. C.D.,

    Resident of 7

    mahatama gandi road

    Rajahmundry plaintiff

    Vs.

    E.F. S.O. G.H.,

    Resident of 15,

    Danwaipet

    Rajahmundry defendant

    (c) Description of parties in particular suits:

    1) Union of India2) The State of ...................................3) A.B. (add description and residence), duly authorised by CD, a soldier (sailor or

    airman, as the case may be) actually serving

    at ..................

    4) The Administrator General of ....................................................5) The Advocate-General of ...............................................6) ......................................................................................... The Collector of.

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    7) ................... The Ambassador of .............................................

    8) A.B., Official Receiver, as Receiver of the estate of ,19) A.B., Official Assignee, and the assignee of the estate and the effects of C,

    insolvent.

    10) The A.B. Company Ltd., having its registered office at(iii) body of the plaint:

    In the body of the plaint, the plaintiff states about his claim and other matter which he is

    legally required to state. It is drawn up in the narrative form in the third person and divided into

    small paragraphs, each containing ordinarily one fact only. They should be consecutively

    numbered dates and number should be expressed in figure.

    (a) beginning:

    The body of the plaint begins with the word,the above named plaintiff states as follow:, or the

    plaintiff states as follow.

    (b) Matters of Inducement:

    It is permissible and customary to mention in the first paragraph of the plaint an introductory and

    prefatory averments 'stating who the parties are, what business they carry on, how they arerelated or connected, and other surrounding circumstances leading up to the dispute'. These are

    called matters of inducement; they are useful because they explain what follows, though they are

    not essential to the cause of action. In any case they should be stated as concisely as possible.

    (c) The facts constituting the cause of action:

    Next, the facts constituting the cause of action must be stated in the plaint. 'Cause of action'

    means the cause or the set of circumstances which lead upto a suit. The term 'cause of action1

    as

    used in the Court means every fact which is necessary for the plaintiff to prove in order to entitle

    him to a decree in a suit if traversed on his pleading. It does not, however, comprise every piece

    of evidence which is necessary to prove each fact, but every fact, which is necessary to be

    proved to entitle the plaintiff to a decree. It is, in other words, a bundle of essential facts which is

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    necessary for the plaintiff to prove before he can succeed in the suit. The cause of action is

    antecedent to the institution of the suit, and every plaint must disclose a cause of action when

    alone the Court will be able to proceed to a determination of the dispute.

    In Sidrannappa v.Rajashetty,2 the Supreme Court has held that it is not only necessary

    that the facts which entitled the plaintiffs to the right to claim must be the same but that

    infringement of his right at the hands of defendant must be the outcome of the same

    transaction.

    The first principle with regard to cause of action in framing a suit is that as far as practicable,. it

    should be so framed as to afford ground for final decision of the subjects in dispute and to

    prevent further litigation concerning them [Rule 1 of Order H of the CPC].

    The second principles being analogous to the first is directed against splitting up a cause of

    action. It requires that every suit shall include the whole of the claim which a plaintiff is entitled

    to make in respect of a cause of action [Rule 2 of Order II of the CPC].

    The cause of action is distinguishable from the transaction giving rise to it. One transaction may

    give rise to several causes of action and the law does not require that all such causes of action

    must be joined in one suit. However, the plaintiff is at liberty to unite in one suit as many causes

    of action against a defendant as he likes.

    Where the plaintiff seeks relief in respect of several distinct causes of action founded upon

    separate and distinct grounds, they shall be stated as far as may be separately and distinctly.

    Where the plaintiff seeks the recovery of money, the plaint shall state the precise amount

    claimed. But where the plaintiff sues for mesne profits or for an amount which will be found due

    to him on taking unsettled accounts between him and the defendant, the plaint shall state

    approximately the amount sued for [Rule 2 of Order VII of the CPC].

    Where the subject-matter of the suit is immovable property, the plaint shall contain a description

    of the property sufficient to identify it, and, in case such property can be identified by boundaries

    or numbers in a record of settlement of survey, the plaint shall specify such boundaries or

    numbers [Rule 3 of Order VII of CPC].

    2 AIR 1970 SC 1059

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    (d) Date of cause of action:

    Rule 1(e) of Order VII of the CPC requires that particulars of facts constituting the cause of

    action and when it arose should be given. Hence, it is necessary for the plaintiff to state

    specifically when the cause of action for the suit arose. This is intended to enable the Court or

    the defendant to ascertain from the plaint whether there is a cause of action and whether it is not

    barred by the law of limitation. The date of the cause of action should be actually given.

    The Code of Civil Procedure does not lay down any law as to the date of the accrual of the cause

    of action. The date of the accrual of the cause of action means the date of that event which makes

    the cause of action for the suit complete, to be more

    Practical the date of that event which gives the plaintiff right to suit e.g. in case of breach of

    contract, the date of the of the contract.

    It is not always easy to determine on which date the cause 0f action for a suit arose. Some typical

    instances of accrual of cause of action are as follows:

    i) In the suit for damages for breach of contract, the cause of action arises on the date of breach.

    ii) In suits for damages for tort, the cause of action arises on mthe date when the tort was

    committed.

    iii) In suits for ejectment, the cause of action arises on the date on which plaintiffs right to sue

    accrued.

    iv) In suits for possession of property alienated by Hindu widow the cause of action arises on the

    date of death of the widow.

    v) In the suit for money due on pronote, the cause of action arises on the date of the pronote.

    vi) In suits on series of loan, the cause of action arises on the day each loan is taken.

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    When the plaint does not specify the date when the cause o action arose, it is the duty of the

    Judge to find out from facts stated in the plaint as to when the cause of action arose. Even where

    the plaint states the date of cause of action, the plaintiff cannot be tied down to the said date, and

    the Court is entitled to determine the date on which the cause of action arose from the facts

    alleged and proved.

    (e) Grounds of exemption from limitation law:

    It is not necessary to mention in every plaint in a suit that suit is within the period of limitation

    prescribed by the law limitation, except where the suit is prima facie barred by limitation and

    there are some facts on the basis of which the plaintiff claims that the suit is within limitation.

    Rule 6 of Order VI of the CPC provides that where the suit is instituted after the expiration the

    period prescribed by the law of limitation, the plaint shall show| the ground upon which exemption

    from such law is claimed.

    For example were the day on which limitation expires is a holiday and the suits is filled on the

    next working day, the plaintiff may state this fact in the plaint

    (f) The facts showing that the Court has jurisdiction:

    Sections 15 to 20 and Clause (f) of Rule 1 of Order VII of the CPC states that the plaint shall

    contain the facts showing that the Court has jurisdiction. The plaintiff must plead facts showing

    that the Court has jurisdiction pecuniary, territorial and over the subject-matter. If the jurisdiction

    depends upon the place where the cause of action arose either wholly or in part, the plaintiff must

    plead facts showing that the cause of action arose partly or wholly within the jurisdiction. If

    plaintiff relies upon the defendant's residence or place of business as giving jurisdiction, the fact

    that the defendant's place of residence or place of business is within the jurisdiction should be

    stated in the body of the plaint.

    Generally speaking, this paragraph should be framed in any one of the following ways, as the

    case may be:

    "The defendant resides at .................................................................. within the jurisdiction of this

    Court", (or)

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    "The property in respect of which this suit is brought lies within the jurisdiction of the Court" (or

    "The bond was executed and money borrowed at .............. within the jurisdiction of the Court"

    (or) "The money payable under the contract was made payable at

    within the jurisdiction of this Court" (or) "The defendant caused the wrong complained

    of in this plaint at within the jurisdiction of this Court".

    The principles of the jurisdiction of Court are:

    Every suit shall be instituted in the Court of the lowest grade competent to try it [Sec. 15 of the

    CPC].

    Subject to the pecuniary or other limitations prescribed by any law, suits,

    a ) for the recovery of immovable property with or without rent or profits;

    b) for the partition of immovable property;c) for foreclosure sale or redemption in the case of a mortgage of or charge upon

    immovable property;

    d) for the determination of any other right to or interest in immovable property;e) for compensation for wrong to immovable property;

    f) for the recovery of movable property actually under distraint

    or attachment;

    shall be instituted in the Court within the local limits of whose jurisdiction the property is situate:

    Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable

    property held by or on behalf of the defendant may, where the relief sought can be entirely

    obtained through his personal obedience, be instituted either in the court within the local limits of

    whose jurisdiction, the property is situated, or it can also be filed in the Court within the local

    limits of whose jurisdiction the defendant actually and voluntarily resides or carries on the

    business, or personally works for gain [ sec. of the CPC].

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    Plaints and its particulars

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    3) Where a suit is to obtain relief respecting, or compensation for wrong to, immovableproperty situate within the jurisdiction of different Courts, the suit may be instituted in any

    Court within the local limits of whose jurisdiction any portion of the property is situate:

    Provided that, in respect of the value of the subject-matter of the suit, the entire claim is

    cognizable by such Court. [Sec|17 of the CPC].

    4) Where it is alleged to be uncertain within the local limits of the jurisdiction of which of twoor more Courts any immovable property is situate, any one of those Courts may, if satisfied

    that there is ground for the alleged uncertainty, record a statement to that effect and

    thereupon proceed to entertain and dispose of any suit relating to that property, and its

    decree in the suit shall have the same effect as if the property were situate within the local

    limits of its jurisdiction.

    (h) Relief or the prayer:

    According to Rule 1(g) of Order VII of the CPC the plaint shall contain the relief which the

    plaintiff claims.In a civil suit different kinds of reliefs can be claimed e.g. recovery of debt,

    damages, possession of a declaration of title to immovable property, declaration of any right

    specific performance, injunction, rendering of account, appointment of receiver etc. In a plaint,

    the plaintiff may claim any one or more of such reliefs either simply or in the alternative. The

    reliefs claimed cannot be supplemented by oral prayer nor can a Court allow more than the

    claimed. Where any plaintiff omits to state any relief he will have to make an application for

    amendment within the period oflimitation for adding that relief.

    Under Rule 2 of Order II of the CPC, if a plaint can claim more than one relief on the same cause

    of action, he must claim ail, otherwise he shall not be entitled to bring a new suit for the omitted

    relief unless the omission in the first suit was with the leave of the Court. The only exemption is

    in respect of a mortgage suit where a suit for sale may be brought later though the previous suit

    was for personal decree only under Rule 14 of Order XXXIV ofthe CPC.

    It is not necessary to ask for general or other relief which may always be given as the Court may

    think just to the same extent as it had been asked for. Where the plaintiff claims more than what

    he is entitled to, the Court will not dismiss the suit but give the plaintiff only such relief as he is

    entitled to.Where the plaintiff claims less than what he is entitled, the Court will not grant him

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    any relief he has not specifically claimed unless the plaint is amended before the judgment. But

    the Court should not refuse to grant a relief not specifically claimed i n the plaint, if such relief is

    obviously required by the nature of the case.

    (iv) Last part of the Plaint: Signature and verification:

    Order VI, Rule 14 of the Civil Procedure Code provides that every plaint (pleading) shall be

    signed by the plaintiff and his advocate. Where a plaintiff is illiterate and cannot make signature,

    he may put his thumb mark on the plaintiff.

    But where a plaintiff is, by reason of absence or for any other good cause, unable to sign the

    plaint it may be signed by any person duly authorised by him to sign the same or to sue on his

    behalf.

    The signature of the plaintiff should be under the body of the plaint should be like the following:

    X x x

    signature

    plaint drawn by

    x x x

    signature of the plaintiffs advocate

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    In the Court of Civil Judge Class - Iat Indore

    Suit No. / 20.

    A. B. s/o B. C.

    123, A B Road, Indore, MP ......................................... Plaintiff

    Vs.

    M. N. s/o O. P.

    456, A B Road, Indore, MP ......................................... Respondent

    Suit for Specific Performance of Contract to sell a residential plot

    The plaintiff respectfully states as follows : -

    Inducement:(1) Plaintiff is a Govt. Servant working in Indore, MP. and so on

    (2) Respondent is a property broker having an office at ...

    Material Facts of the case:(3) The plaintiff agreed with the respondent on 10 Aug 2008 to purchase the Plot No

    123 at Rani Bagh Colony, Indore. A copy of the contract is attached with the petition.

    (4) The boundaries of the plot is as under:

    East: Road

    West: Plot number 124North: Road

    South: Colony wall

    (4) The total value of the plot to be paid by the plaintiff to the respondent, as agreed

    upon in the contract, is Rs. 40,000/-.

    (5) The respondent accepted a payment of 10,000/- though Check No. 123 of SBI,

    Indore Branch at the time of making the contract and promised to do registry upon

    payment of remaining amount of 30,000/-

    (5) The plaintiff tried to pay the remaining amount on several occasions by cash as

    well as check but the respondent refused to take the payment.

    (6) The plaintiff also sent a notice about the same to the respondent on 10/10/2009.

    (7) The plaintiff is ready to pay the remaining amount of Rs 30,000/- but the

    respondent is not willing to transfer the said plot.

    Cause of Action and Limitation(8) The cause of action for the present suit first arose on 10/10/2009, when the

    respondent refused to convey the said property as per the terms of the agreement and

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    hence, the suit filed today is within time.

    Valuation:9 The suit is valued for the purpose of jurisdiction and court-fee at Rs. 30000/-.

    Jurisdiction:(10) The plot is located in Indore, which is within this court's territorial jurisdiction.

    (11) The value of the contract is 40,000/- which is within this court's pecuniary

    jurisdiction.

    Relief Claimed:

    (12) The plaintiff, there fore prays that

    1. the court be pleased to order the respondent to perform his part of the contractby accepting the remaining payment and conveying the said plot to the

    plaintiff.

    2. the plaintiff be permitted to deposit the balance of consideration in this Hon'bleCourt.

    3. the respondent be ordered to pay compensation for mental harrasment, loss ofwages, and cost of this litigation.

    Place: . (Signature of

    the plaintiff)

    Date: ..

    YYY

    Advocate

    Verification

    I, ______, do hereby solomnly verify that the contents from paras 1 to 4 are correct

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    and true to the best of my knowledge and contents from para 5 to 12 are based on

    legal advice, which I believe to be correct. Affirmed at Indore this 4th Day of

    September 2009.

    (Signature)

    Plaintiff

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    CONCLUSION

    A plaint is the process by which proceeding in the court is a plaint .a plaint is statement in the

    writing of a cause of action in which the relief claimed is set out in detail. Section 26 of the code

    of civil procedure provides that every suit shall be instituted by the presentation of plaint or in

    such other manner may be prescribed .in every plaint, facts shall be proved by affidavit

    Further the plaint meant to give fair information about once case to opponent. To provide a brief

    summary of the case and to assist the court to decide the dispute effective

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    Plaints and its particulars

    BIBLIOGRAPH

    BOOKS :

    Odger, W.B; The Principles Of Procedure, Pleading and Practice; 5thEdn. Dr. Srivastava, K.K; The Law of Pleadings, Drafting and Conveyancing; Central Law Agency 7th

    Edn. (2012)

    WEBSITES ACCESSED :

    https://sites.google.com/site/sarinadvocate/drafting-and-pleading http://msmlawfirm.wordpress.com/2009/11/01/law-of-pleadings-in-relation-to-the-indian-

    judicial-system/

    http://www.legalservicesindia.com/article/article/amendment-to-pleadings-and-the-approach-of-the-judiciary-1427-1.html

    .

    https://sites.google.com/site/sarinadvocate/drafting-and-pleadinghttps://sites.google.com/site/sarinadvocate/drafting-and-pleadinghttp://msmlawfirm.wordpress.com/2009/11/01/law-of-pleadings-in-relation-to-the-indian-judicial-system/http://msmlawfirm.wordpress.com/2009/11/01/law-of-pleadings-in-relation-to-the-indian-judicial-system/http://msmlawfirm.wordpress.com/2009/11/01/law-of-pleadings-in-relation-to-the-indian-judicial-system/http://msmlawfirm.wordpress.com/2009/11/01/law-of-pleadings-in-relation-to-the-indian-judicial-system/http://msmlawfirm.wordpress.com/2009/11/01/law-of-pleadings-in-relation-to-the-indian-judicial-system/http://www.legalservicesindia.com/article/article/amendment-to-pleadings-and-the-approach-of-the-judiciary-1427-1.htmlhttp://www.legalservicesindia.com/article/article/amendment-to-pleadings-and-the-approach-of-the-judiciary-1427-1.htmlhttp://www.legalservicesindia.com/article/article/amendment-to-pleadings-and-the-approach-of-the-judiciary-1427-1.htmlhttp://www.legalservicesindia.com/article/article/amendment-to-pleadings-and-the-approach-of-the-judiciary-1427-1.htmlhttp://www.legalservicesindia.com/article/article/amendment-to-pleadings-and-the-approach-of-the-judiciary-1427-1.htmlhttp://www.legalservicesindia.com/article/article/amendment-to-pleadings-and-the-approach-of-the-judiciary-1427-1.htmlhttp://www.legalservicesindia.com/article/article/amendment-to-pleadings-and-the-approach-of-the-judiciary-1427-1.htmlhttp://msmlawfirm.wordpress.com/2009/11/01/law-of-pleadings-in-relation-to-the-indian-judicial-system/http://msmlawfirm.wordpress.com/2009/11/01/law-of-pleadings-in-relation-to-the-indian-judicial-system/https://sites.google.com/site/sarinadvocate/drafting-and-pleading