UIL, PANJAB UNIVERSITY REGIONAL CENTRE,

LUDHIANA

STRUCTURE OF PLAINT
ORDER VII, CPC

SUBMITTED TO SUBMITTED BY
ADV. SUNIL MITTAL SIMRANDEEP SINGH
ASST. PROFESSOR [Link].B 8TH SEMESTER
UIL, PURC, LUDHIANA ROLL NO. 81
STR UC TUR E OF PLAINT P a g e |2

ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to my teacher

ADV. SUNIL MITTAL who gave me the golden opportunity to do this
wonderful presentation on the topic STRUCTURE OF PLAINT which
also helped me in doing a lot of Research and I came to know about so
many new things I am really thankful to them.

Secondly, I would also like to thank my parents and friends who helped
me a lot in finalizing this project within the limited time frame.

SIMRANDEEP SINGH

SUBMITTED BY SIMRANDEEP SINGH [Link].B (8 TH SEMESTER) ROLL No. 81

STR UC TUR E OF PLAINT P a g e |3

TABLE OF CONTENT

1. Introduction.........................................................................................PAGE NO. 4

2. Content:

2.1 Blank space............................................................................PAGE NO. 4

2.2 Name of the Court..................................................................PAGE NO. 4

2.3 Suit Number............................................................................PAGE NO. 5

2.4 Parties Names.........................................................................PAGE NO. 6

2.5 Body of the Plaint.................................................................PAGE NO. 10

2.6 Relief......................................................................................PAGE NO. 16

2.7 Compromise.........................................................................PAGE NO. 17

2.8 Interest..................................................................................PAGE NO. 18

2.9 Verification............................................................................PAGE NO. 18

2. Example of Plaint............................................................................. PAGE NO. 20

3. Conclusion.........................................................................................PAGE NO. 24

4. References.........................................................................................PAGE NO. 25

SUBMITTED BY SIMRANDEEP SINGH [Link].B (8 TH SEMESTER) ROLL No. 81

STR UC TUR E OF PLAINT P a g e |4

STRUCTURE OF PLAINT
Introduction

There is a certain decorum which has to be maintained and strictly followed while drafting a
plaint. We cannot draft a plaint or put the facts of the case in a haphazard way. It would be a
defective plaint if it is not well drafted. Well drafted plaint means a plaint written in the
prescribed manner.

For example, there is an essential paragraph which gives the cause of action, we cannot
put this paragraph of cause of action in the very beginning of the plaint. This paragraph
always and certainly comes in the end of the plaint. In the same way the paragraph which
contains the matter relating to the jurisdiction of the court also comes in the end of the plaint
and we cannot put this paragraph in beginning or in the middle of the plaint.

Apart from all this there is a shape of the plaint, i. e., a plaint must look like a plaint.
From the appearance of the written matter court must feel that it is a plaint. From example,
some space must be left at the top of the plaint and also at the left side of the paper.

Now we shall here deal with the form of the plaint:

1. Blank space.

First and the foremost principle of drafting a plaint is that some space has to be left
on the top of the plaint which is used for pasting court-fee stamps. At the same
time some space has also to be left on the left side of the paper which may be called
marginal space. This space is primarily meant for writing order of the court. This
marginal space gives beautiful shape to the plaint. As a matter of rule one-third
margin must be left in the plaint.

2. Name of the Court.

Just after the space left for pasting the court fee stamp the name of the court in
which the suit is being filed has to be written. In this way the first thing which has
to be written in the plaint is the name of the court in which the suit is being brought.
We need not write the name of the judge or presiding officer. We must write only
designation of the officer, as for example

1. In the Hon'ble High Court of Judicature at Allahabad.

2. In the Court of District Civil and Sessions Judge, Nagpur. In the Court of
Civil Judge, Bombay.

3. In the Court of Munsif West, Allahabad. In the Court of Judge, Small

Causes, Hardoi.

SUBMITTED BY SIMRANDEEP SINGH [Link].B (8 TH SEMESTER) ROLL No. 81

STR UC TUR E OF PLAINT P a g e |5

4. In the Court of Additional District Magistrate (Judicial), Madras.

5. In the Court of Sub-Divisional Magistrate, Lucknow. In the Court of

Commissioner, Varanasi Division, Varanasi.

The first impression which gives the heading or the name of the Court is the nature of
the suit and also the valuation of the suit. For example, if the suit has been filed in the
court of Civil Judge, it means the dispute is concerning much amount because Civil
Judge, has unlimited jurisdiction, and if the suit is filed in the court of Judge, Small
Causes, it shows that the dis pute relates to small matter.

Below the heading of the plaint proper space should be left for affixing court-
fee stamps.

3. Suit Number.

The third item in this connection is to give suit number. The second line of the
plaint gives the suit number. As a matter of fact while at the time of drafting a plaint
the place for giving a suit number is left blank. It is for the office of the respective
court to write down the number of the suit according to their official list. In the plaint
we only need to write the year. For example:

1. Suit No..............of 1994.

2. Miscellaneous Suit
No......of 1994.

3. Title Suit No..... of 1994.

Thus, we file a plaint without giving suit number to it. Suit number is filled in
afterwards by the court and we know about its number when it is registered in the
official register by the suit clerk of the respective court.

Now upto this time the picture of the plaint is like this:

IN THE COURT OF CIVIL JUDGE, PATNA

Suit No............. of 1984.

SUBMITTED BY SIMRANDEEP SINGH [Link].B (8 TH SEMESTER) ROLL No. 81

STR UC TUR E OF PLAINT P a g e |6

4. Parties Names.

The next item for the plaint is to mention names of parties. Parties are divided
into two departments-one is called the plaintiff side and the other is called the
defendant side. Plaintiff means one who files or institute a suit and the
defendant means the person or the body against whom suit has been
instituted. There may be one or more than one plaintiff in one suit so also there may
be one or more than one defendant in the same suit. All interested persons are made
party to the suit. Full description a of the parties is needed in the plaint. Full
description includes name of the father, age of the person and complete postal
address of the person. or alias name must also be given in the plaint. If there are
more Surname than one plaintiff they should be numbered like 1, 2 and 3, and
similarly in case of more than one defendants they should also be numbered like 1,
2, 3 and 4 and complete address of all the persons is essential. The plaintiff may
suffer if full name or real name and complete address of any of the defendants is not
mentioned. The first and foremost difficulty will arise that summons will not be served
upon the parties. The process-server will go and come back, and ultimately if
summons are pasted on the door of the defendants or finally summons have been
published in the newspaper even then the defendant can take the plea that summon
was not meant for him because his real name and address was entirely different from
the name given in the plaint by the plaintiff.

In another situation if a defendant is not properly named or described, but the real
person intended has been properly served with a summons and he does not appear
to defend the suit a judgment passed against him in such name will be as effective as
if true name and description had been given in the plaint, and the correct name and
address can be substituted at any subsequent time when they are discovered,
because name are used only to designate persons, and the suit is not against names
but against persons designated thereby.

A minor cannot sue or be sued except through a next friend or guardian. Where
any of the parties is a minor or a person of unsound mind, he should be so
described in the cause-title, and the name and description of the person through
whom he sues or is sued should also be stated. this way we must write in:

Nirmal Kumar, s/o Krishna Shankar Lal a minor, through Santosh Kumar, s/o Hari
Shanker, his next friend r/o Village & P. O. Sirathu, District Allahabad. ............Plaintiff

Versus

A, son of B, a minor through his guardian C. son of D, r/o Krishna Nagar, New Delhi
................................................................................................Defendant.

SUBMITTED BY SIMRANDEEP SINGH [Link].B (8 TH SEMESTER) ROLL No. 81

STR UC TUR E OF PLAINT P a g e |7

In the cases of persons of unsound mind and lunatic we must write as follows:

N. Kumarmanglam, s/o S. Kumarmangalam, a person of unsound mind r/o 101,

Chau by his next friend K. Subramaniam, s/o. M. Subramaniam, pati,
Bombay................................................................................ Plaintiff

Versus

K. P. Barfiwala, s/o S. N. Barfiwala, person adjudged by Court to be lunatic, by D. F.

Gandhi, son of F. Gandhi, his curator, appointed by the Court of Civil Judge,
Bombay................................................................................Defendant.

As a guardian ad litem of a defendant under disability has to be appointed by

court, under the special procedure prescribed in Order XXXII, and as it is not
necessary that the person originally proposed by the plaintiff should ultimately be
appointed, it is more convenient not to mention the name of the proposed guardian in
the plaint, tut to leave a blank to be filled up by the court with the name of the person
appointed by it. The general practice, however, is to enter the name of the proposed
guardian in the plaint and to leave it to the court substitute for it the name of any
other person who is ultimately appointed.

Government as party.-In suit by the Government, instead of inserting in the plaint

the name and description and place of residence of the plaintiff it shall be sufficient to
insert, in the case of a suit we must use the words "the Union by the Central
Government, of India", and in the case of a suit by the State Government, the
words "State of Uttar Pradesh" are used.

Minor.-Every suit by minor shall be instituted in his name by a person who in such
suit may be called guardian or next firiend of the minor.

Plaintiff of unsound mind-In the same way if the plaintiff is of unsound mind, a
statement to this effect must be made in the plaint.

Firm or Corporation as Parties-Where a suit is by or upon the Corporation or Firm

consisting of more than one person the name, description, place of residence or the
place of business of the corporation or firm who is suing need be given. The plaint
need not mention particulars showing description of place, or name or residence of
persons who represent such corporation or firm.

In these cases description of the parties will be as follows:

SUBMITTED BY SIMRANDEEP SINGH [Link].B (8 TH SEMESTER) ROLL No. 81

STR UC TUR E OF PLAINT P a g e |8

Union of India through its Secretary, Ministry of Finance, Central Secretariat, New
Delhi..................................................................................................Plaintiff.

Versus

M/s. Ram Nath Shyam Nath, through its proprietor, Ram Nath, 85, Karol Bagh New
Delhi............................................................................................. Defendant.

Or

State of Uttar Pradesh through, its Secretary, ......................................Plaintiff.

Department of Agriculture, U. P. Civil Secretariat, Lucknow

Versus

Raja Ram Anuragi, son of Ram Nath Anuragi, r/o 10, Pandariba,
Lucknow....................................................................................Defendant.

There are two sets of parties-one set is called plaintiff and the other set is
called defendant. In between these two parties the word "versus" is being used. It
means the plaintiff has filed a suit against the defendant. "versus" means
"against".

The word After stating above particulars we come to a sentence which is written just
before we start narrating the story of the case, and this sentence is as follows which
is written in different styles:

(i) The above-named plaintiff states as follows;

(ii) The plaintiff named above submits as under ;

(iii) The humble petition of the plaintiff most respectfully states as

follows;

(iv) The petitioner above-named most humbly showeth as follows.

SUBMITTED BY SIMRANDEEP SINGH [Link].B (8 TH SEMESTER) ROLL No. 81

STR UC TUR E OF PLAINT P a g e |9

Now the form of the plaint upto this time comes to as follows:

In the Court of Civil Judge, Lucknow.

Suit No................of 1991.

Jagmohan Singh Negi s/o Hanumant Negi, a/a 35 yrs. r/o 101, Hewet Road,
Lucknow............................................................................Plaintiff.

Versus

Ram Nihore Singh Negi s/o Prabhu Nihore Singh Negi, a/a 43 yrs. r/o 227, Hewet
Road, Lucknow .............................................................. Defendant.

The humble petition of the plaintiff above-named most respectfully states

as follows

SUBMITTED BY SIMRANDEEP SINGH [Link].B (8 TH SEMESTER) ROLL No. 81

STR UC TUR E OF PLAINT P a g e | 10

5. Body of the Plaint

(1) Narration of Facts.

This is the second part of the plaint.

First part of the plaint contains, name of the court, suit number, name of the
parties and description. Important thing which has to be remembered is that in the
body of the plaint all facts and statement of claims have to be mentioned in
paragraphs One paragraph must contain only one fact whether the fact is of one line
or two or more lines. We must not mix up two facts in one paragraph, otherwise it
may create confusion to the court, and repetition of facts must also be avoided
strictly. All facts must be stated datewise in a historical manner.

In the partition suit, first of all, we must disclose the identity of the plaintiff and also
mention the relationship of the plaintiff with each and every defendant. All facts must
be written in third person only. We must not use first person or second person
anywhere in the plaint. Instead of writing 'I' we must write 'plaintiff'.

The plaintiff must give such particulars as will enable the defendant and the court to
ascertain from the plaint whether in fact and in law the cause of action did arise as
alleged or not. The plaintiff's mere statement that the cause of action did arise is
certainly ambiguous and meaningless for this purpose, just as it would be useless to
state merely that he had a good cause of action. Whether these necessary facts
appear in their appropriate place in the plaint or in a separate paragraph at the end is
a matter of choice. In a pleading which is drawn skillfully, they ought to appear in
their appropriate places.

Chronologically, and if they do so appear, they must not be repeated in other paragraphs,
and if repetition is there it would be a bad plaint. Sometimes we do not give full description of
the property in the paragraph. Full description means number of plots or houses and
surrounding boundaries of plots and houses.

Then we mention in the first or second paragraph like this ! "That plots numbers or house in
dispute situate in village Nanpara, District Gonda, or the house situate at 171, Civil Lines,
Gonda, fully detailed at the foot of the plaint.

In this way in the end of the plaint we give full description of the property which is also a part
of the plaint.

SUBMITTED BY SIMRANDEEP SINGH [Link].B (8 TH SEMESTER) ROLL No. 81

STR UC TUR E OF PLAINT P a g e | 11

(2) Cause of action

After narrating complete story of the case or matter we give in one paragraph
'cause of action'.

The phrase 'cause of action' has neither been defined in the Code of Civil
Procedure nor in any other enactment although it is the principal subject matter of
Order II of the Code of Civil Procedure. However, the meaning of this phrase has
been judicially considered in many decisions.

Thus, in Read v Brown1, Lord Esher, M. R. accepted the definition given in Cooke
v. Gill2, that it meant "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." It
does not comprise every piece of evidence which is necessary to prove each
fact but every fact which is necessary to be proved.

Order VII, Rule 1 (e) of the Code directs that the plaint must contain the facts
constituting the cause of action and when it arose. Therefore, apart from stating
the cause of action, in compliance to this rule a paragraph is inserted in the body of
the plaint stating that the cause of action for the suit arose on such a date. The
object of giving the date of cause of action is to ascertain whether the suit has
been filed within the limitation period.

The date mentioned for the cause of action also shows that the suit has been filed
within time according to the Indian Limitation Act, 1963. It is no doubt true, as a
general principle, that a plaintiff must show in his plaint how his suit is in time, for the
question whether the suit is in time must, if denied, be one of the issues in the case,
and if the plaintiff does not explain his suit is in time, it is impossible for the defendant
to meet his case Where the suit is instituted after the period prescribed by the law of
limitation, the plaint shall show the grounds upon which exemption from such law is
claimed

We must in this way certainly remember that the date should be the actual date on
which the event constituting the cause of action for the suit happened, and it is right
to state the date of the happening of any subsequent event. For example, in a bond
suit, the date of the bond or the date of payment fixed in it should be stated and not
the date on which money was demanded last and then refused by the defendant.
Similarly in a suit for ejectment, the date on which the defendant took wrongful
possession or the date on which plaintiff's right to take possession accrued, should
be given, and not the date on which the defendant refused to handover the property
to the plaintift. Sometimes counsels not only give the right date on which the cause of
action actually arose, but they even add the date of subsequent demand and refusal
from the side of the defendant. In this way we must definitely and certainly give the
correct date of the cause of action in the case. It is usual to find such allegations as
the following :

1 (1889) 22 QBD 128

2 (1873) LR 8 PC 107

SUBMITTED BY SIMRANDEEP SINGH [Link].B (8 TH SEMESTER) ROLL No. 81

STR UC TUR E OF PLAINT P a g e | 12

"The cause of action arose on June 10, 1986, when the defendant took possession
of the house in dispute, and again on June 23, 1988, when he refused to deliver it
back to the plaintiff "

(3) Jurisdiction of the Court.

The next important part of the plaint is to give and assert that the court has
jurisdiction to try the suit. It is the duty of the pleader to see that the court where he
proposes to institute the suit had jurisdiction to try it. Rule 1 (f) of Order VII enjoins
that the plaint must contain the facts showing that the court has jurisdiction. In this
connection the first principle is :

I. That every suit shall be instituted in the court of the lowest grade competent to try
it.

II. That according to Sec. 16, C. P. C., the suits to be instituted where subject-matter
of the dispute, situate subject to the pecuniary or other limitations prescribed by any
law, 'suits

(i) for the recovery of immovable property with or without rent or profits,

(ii) for the partition of immovable property,

(iii) for foreclosure, sale or redemption in the case of a mortgage of or charge

upon immovable property,

(iv) for the determination of any other right to or interest in immovable

property,

(v) for compensation for wrong to immovable property,

(vi) 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 :

SUBMITTED BY SIMRANDEEP SINGH [Link].B (8 TH SEMESTER) ROLL No. 81

STR UC TUR E OF PLAINT P a g e | 13

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 situate, 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.

III. That according to Section 17, C. P. C., where a suit is to obtain relief respecting,
or compensation for wrong to, immovable property 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, entire claim is cognizable by such court.

IV. Section 18 of the Civil Procedure Code lays down

(1) that where it is alleged to be uncertain within the local limits of the
jurisdiction of which of two or 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 :

Provided that the suit is one with respect to which the court is competent as
regards the nature and value of the suit to exercise jurisdiction.

(2) Where a statement has not been recorded under sub-section (1) and an
objection is taken before an Appellate or Revisional Court that a decree or
order in suit relating to such property was made by a court not having
jurisdiction where the property is situate, the Appellate or Revisional Court
shall not allow the objection unless in its opinion there was, at the time of the
institution of the suit, no reasonable ground for certainty as to the court having
jurisdiction with respect thereto and there has been a consequent failure of
justice.

V. That Section 19, C. P. C. lays down that where a suit is for compensation for
wrong done to the person or to movable property, within the local limits of the
jurisdiction of one court and the defendant resides, or carries on business, or
personally works for gain within the local limits of the jurisdiction of another court, the
suit may be instituted at the option of the plantiff in either of the said courts.

SUBMITTED BY SIMRANDEEP SINGH [Link].B (8 TH SEMESTER) ROLL No. 81

STR UC TUR E OF PLAINT P a g e | 14

VI. That Section 20, C.P.C., lays down that other suits are to be instituted where defendants
reside or cause of action arise. In such cases subject to the limitation aforesaid, every suit
shall be instituted in a court within the local limits of whose jurisdiction,

(a) the defendant, or each of the defendants, where there are more than one,
at the time of the commencement of the suit actually * and voluntarily resides,
or carries on business, or personally works for gain, or

(b) any of the defendants, where there are more than one, at the time of the
commencement of the suit, actually and voluntarily resides, or carries on
business or personally works for gain, provided that in such cases either the
leave of the court is given or the defen. dants who do not reside, or carry on
business or personally work for gain as aforesaid, acquiesce in such
institution, or

(c) the cause of action, wholly or in part, arises, in case a corporation shall be
deemed to carry on business at its sole or principal office in India, or in
respect of any cause of action arising at any place where it has also a
subordinate office, at such place.

A plea in the plaint that the court has jurisdiction to entertain the suit is technically
defective where it does not allege how and where the cause of action arose in terms
of sections 16, 17, 19 and 20 of Civil Procedure Code. The plaint must, therefore,
show and specifically mention on which of the provisions of the grounds of above
sections the court has jurisdiction to try the suit. No objection as to the place of suing
shall be allowed by any Appellate or Revisional Court unless it was taken in the trial
court.

(4)Valuation:

The plaintiff must distinctly and separately give in his plaint the valuation of
his claim for the purposes of court fees and of jurisdiction though both may be
stated in one paragraph. Valuation of the suit determines the jurisdiction of the
court.

For example, if the valuation of the suit is Rs. 500 only, then it cannot be filed in the
court of Civil Judge and on the other hand, if the valuation of the suit is Rs. 20,000
then certainly it cannot be filed in the Court of Small Causes. Court fees is also
determined on the valuation of the suit.

It would be open to any party to the suit, plaintiff or defendant to go behind the
valution adopted in the plaint or in the memorandum of appeal, as the case may be
and show the real value of the subject-matter in dispute, except where

(i) there has been a judicial adjudication of the correctness of the original
valuation in such a way as to attract the principles of the rule of res judicata,
or

SUBMITTED BY SIMRANDEEP SINGH [Link].B (8 TH SEMESTER) ROLL No. 81

STR UC TUR E OF PLAINT P a g e | 15

(ii) where the party making the original valuation of the one, adopting it, had
an option to give that value or the correct value and while exercising the
option by giving one such values he gained for himself an advantage or made
the opposite party suffer a detriment.

In suits for which a fixed court-fee is payable, e. g., in suits for declaration without a
consequential relief, no value for the purposes of court-fee need be given, but it may
be mentioned and written that a fixed court-fee has been paid on the plaint. Where a
claim embraces several distinct causes of action. as a suit on several bonds, the
valuation of claim in respect of each such cause of action should be separately
payable on each. But where several claims or reliefs arise out of the same cause of
action, the valuation of the suit is the aggregate of the valuation of all the claims or
reliefs, when, however, alternative reliefs are claimed, the value for the purpose of
court-fee is the value of the larger relief. An additional claim for mesne profit or
interest from the date of suit to the date of possession or realisation does not require
a court-fee and need not therefore be valued at all.

The paragraph which contains statement of valuation is the last paragraph of

the plaint before the relief clause.

SUBMITTED BY SIMRANDEEP SINGH [Link].B (8 TH SEMESTER) ROLL No. 81

STR UC TUR E OF PLAINT P a g e | 16

(6) RELIEF

Before we start claiming relief we write one sentence like this: "The plaintiff claims
following relief." Last but one part of the plaint is relief sought by the plaintiff.

Allahabad Hight Court has held in Mst. Saida Begum v. Sabir Ali3, that the relief
sought should be accurately worded and it is risky to use loose or inartistic
language as there is always a danger of the court throwing out the case, though
courts should not be too strict, if it can be fairly inferred what the plaintiff really
means.

Order VII, Rule 7 says that every plaint shall state specifically the relief which the
plaintiff claims either simply or in the alternative and it shall not be necessary
to ask for general or other relief which may always he given as the court may
think just to the same extent as if it had been asked for. And the same rule
shall apply to any relief claimed by the defendant in his written statement.

Common reliefs prayed for are as follows. The plaintiff claims the following relief:

(a) a decree in favour of the plaintiff be awarded against the contesting

defendants,

(b) cost of the suit be awarded in favour of the plaintiff,

(c) any such other and further relief, as the court may deem fit and proper, be
awarded in favour of the plaintiff.

The last relief covers all which has not been prayed for. It would not be unjustified if
court grants such relief which has not been claimed by the plaintiff.

A plaintiff might claim any one or more of such reliefs, either simply or in the
alternative but whatever reliefs which he claims must be stated in the plaint
specifically, as reliefs claimed in the plaint cannot be supplemented by any oral
prayer. Nor can a court allow a man more than he himself claims, but it is the duty of
the court to mould the relief according to the facts proved which however should not
be inconsistent with the pleading.

Each relief should be clearly and separately stated and two or more should not
be mixed together. If the plaintiff claims more than one relief on the same cause of
action he must claim all, 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.
obtained. Such leave must be expressly obtained.

3 AIR 1962 All 9.

SUBMITTED BY SIMRANDEEP SINGH [Link].B (8 TH SEMESTER) ROLL No. 81

STR UC TUR E OF PLAINT P a g e | 17

Madhya Pradesh High Court held that during the course of hearing, the opportunity to
amend the plaint, court denied to the plaintiff to amend the suit and therefore directed
that the plaintiff may move an application (appropriate) for necessary amendment in
the plaint so as to seek the further relief as to possession. A fortnight time is granted
for the purpose. 4

In Vishram Arjun v. Irukulla Shankariah5, the Andhra Pradesh High Court has
held that as a general rule plaintiff is not entitled to relief for which there is no
foundation in the plaint. But the general rule is open to one exception that is, in a
case where on the pleadings, issues and the evidence the relief is clear, because the
primary duty of court is to do justice and rules of procedure are meant to advance the
cause of justice and not to impede it.

As a general rule the relief should be based on the pleadings of the parties and
the court should not grant a relief not asked for in the plaint. Supreme Court has
held that while applying the But the fact of a particular case another principle should
also be kept in mind, namely general principles to the considerations of form cannot
override the legitimate considerations of substance6. The framing of the relief is in
the discretion of the court.

In Shikhar Chandra v. D. D. J. P. Karini Sabha7, The Supreme Court has pointed

out that the relief can he moulded in the light of changed circumstances; or (ii) that it
is necessry to take notice of changed circumstances to prevent multiplicity of suit; or
(iii) that it is necessary so to do in order to do complete justice between the parties.

(7) Compromise:

The true nature of plaint is that it is intended to acquaint the court and the other side
with the case of the plantiff. But where parties compromise their dispute and make a
joint declaration in application contain ing the terms, this application supersedes the
original case of the parties as contained in their respective pleadings.

Reliefs other than prayed.

When necessary facts are stated in a plaint which, if established, entitle the
plantiff in law to obtain certain reliefs, it is open to the court to grant him such
relief, although the reliefs, especially asked for may be inartistically fromed. In a case
where the facts asserted by the plaintiff which entitled them to the right of
subrogation were not disputed, it was held that the court could grant the appropriate
reliefs on the basis of subrogation, event if the plantiffs alleged the suit to be one for
contribution in a respect of the amount paid by them to discharge a prior mortgage.
When the relief is claimed on a specific ground, the court may grant it on a different
ground, if the latter is disclosed by the plaint allegation and the evidence in the case.

4 Kalyan Singh v. Vakli Singh, AIR 1990 MP 295.

5 AIR 1957 Andhra 784.
6 Bhagwati Prasad v. Chandramal, AIR 1966 SC 735.
7 AIR 1974 SC 1178

SUBMITTED BY SIMRANDEEP SINGH [Link].B (8 TH SEMESTER) ROLL No. 81

STR UC TUR E OF PLAINT P a g e | 18

In all such cases in which a court is called upon to have a relief different from that
claimed by the plaintiff, the test is to see whether the defendant is not taken by
surprise, and there can be no surprise, if the relief granted is consistent with that
claimed and with the case raised by the plaintiff in his plead ng or is less than that
claimed by the plaintiff. The court should be ready to do all it can do justice and
should give the relief to which a plaintiff is entitled, as far as it is possible.

A court is bound to pass an order about the costs of a suit and as it cannot
deprive a successful plaintiff of his costs, except for special reasons to be
recorded in the judgment, it is, therefore, of no use to claim costs as a definite
relief.

(8) Interest:

In money suits plaintiff must claim interest from the date of the institution of the suit to
that of payment. Although there is nothing in the Code to require a plaintiff to claim it
or to prevent a court from awarding such interest it is not claimed, still it is always
better to claim it for the period of pendency of suit and till actual recovery is made. No
additional court-fee is payable on this position of the plaint. If such interest is not
claimed or allowed, no separate suit for it will lie in any court of law.

(9) Verification

Verification is the last part of the plaint. It is the most important part of the
plaint. If the plaint is not verified then it is technically a defective plaint and court will
not recognise such plaint.

Order VI, Rule 15 of the Civil Procedure Code lays down that;

(i) Save as otherwise provided by any law for the time being in force, every
pleading shall be verified at the foot by the party or, by one of the parties
pleading or by some other person proved to the satisfaction of the court to be
acquainted with the facts of the case.

(ii) The person verifying shall specify, by reference to the numbered

paragraphs of the pleading, what he verifies of his own knowledge and what
he verifies upon information received and believed to be true.

(iii) The verification shall be signed by the person making it and shall state
the date on which and the place at which it was signed.

The plaint has to be signed by the plaintiff and his pleader, provided that where
a plaintiff is by reason of absence or for other good cause, unable to sign the plaint, it
may be signed by any person duly authorised by him to sign the same. Every plaint

SUBMITTED BY SIMRANDEEP SINGH [Link].B (8 TH SEMESTER) ROLL No. 81

STR UC TUR E OF PLAINT P a g e | 19

shall be verified at the foot by the plaintiff or by one of the plaintiff, if there are more
than one, by some other person proved to the satisfaction of the court to be
acquainted with the facts of case. The verification shall be signed by the plaintiff
or the person so verifying and shall state the date on which and the place at
which it was signed.

The following the form of the verification:

"I, Ram Naresh Singh, do hereby verify that contents of paragraphs 1 to 10 of this
plaint are true to my personal knowledge and no part of it is false. The plaint and the
verification clause has been signed by me on the 21st day of January, 1991 at the
Civil Court compound at Allahabad."

The object of verification of the contents of the plaint is to fix the responsibility
for the statement made in the plaint upon the person verifying it and to afford a
guarantee of his good faith. Verification is matter of great significance and false
verification is punishable as a crime of giving false evidence under section 193 of the
Indian Penal Code.

Where, however, a plaint has not been signed by the plaintiff at the time when it was
presented to the court, the signing of it subsequently cannot date back from earlier
date on which the unsigned plaint was signed, that is to say, the subsequent
signature will not have a retrospective effect.

EXAMPLE ON NEXT PAGE:-

SUBMITTED BY SIMRANDEEP SINGH [Link].B (8 TH SEMESTER) ROLL No. 81

STR UC TUR E OF PLAINT P a g e | 20

IN THE COURT OF DISTRICT JUDGE (DISTRICT __________) DELHI SUIT NO

................ OF 20..
(SUIT UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE, 1908)
CIVIL PLEADINGS

[NOTE : All pleadings must be neatly typed/printed in one and a half space]

IN THE MATTER OF:

M/s ABC Pvt. Ltd.

A Company Incorporated Under The Companies Act, Having Its Registered Office At
New Delhi.
Through its Director Shri........................

PLANTIFF

VERSUS

M/s XYZ Ltd.

A Company Incprporated Under The Companies Act. Having Its Registered Office At
Delhi .

Through its Director Shri........................

DEFENDANT

SUIT FOR RECOVERY OF RS. 4,19,200/-(Four lakh nineteen thousand two

hundred Only) UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE, 1908

MOST RESPECTFULLY SHOWETH:

1. That the Plaintiff is a Company constituted under the Companies Act having its
registered office at B-40, Safdarjung Enclave, New Delhi. Mr. P. Executive Director or
the Plaintiff-company, is a duly constituted attorney of the Plaintiff-company and is
authorized and competent to sign and verify the plaint, vakalatnama etc. and to
institute this suit on behalf of the Plaintiff.

SUBMITTED BY SIMRANDEEP SINGH [Link].B (8 TH SEMESTER) ROLL No. 81

STR UC TUR E OF PLAINT P a g e | 21

2. That the Plaintiff-company inter-alia carry on the business of construction,

engineering and designing. The Plaintiffs are builders of international repute and
have earned a big name in their business.

3. That the Defendant is a Company incorporated under the Companies Act having
their registered office at Chandigarh. However, the Administrative office of the
Defendant is situated at Delhi i.e. within the jurisdiction of this Hon‟ble Court.

4. That the Defendant approached the Plaintiff for construction of a building for their
paper mill at Chandigarh some time in the year 2000 whereupon the Plaintiff
constructed the building and handed over the possession of the same to the
Defendant sometime in December, 2013.

5. That the on 4th April, 2014, the Plaintiff raised the final bill for Rs. 4,19,200/- on the
Defendant on account of the aforesaid construction of their paper mill at Chandigarh
against which the Defendant handed over cheque No. 213456 dated 18.4.2014 for
Rs. 4,19,200/- drawn on Punjab National Bank, Shahdara, Delhi to the Plaintiff, which
was dishonoured upon presentation.

6. That the Plaintiff immediately informed the Defendant about the dishonour of the
said cheque and called upon the Defendant to make the payment of the said amount
along with interest @ 18% per annum. However, the Defendant failed to pay the
same to the Plaintiff despite repeated requests and reminders.

7. That the Plaintiff therefore finally issued a legal notice dated 6th April, 2015 to the
Defendant calling upon the Defendant to clear the outstanding amount of Rs.
1,39,492/- along with interest at the rate of 18% per annum w.e.f. 4-4-2014 upto the
date of payment. However, no payment has been made by the Defendant despite the
said notice.

8. That the Defendant is now liable to pay a sum of Rs. 4,19,200/- along with interest
@ 18% per annum from the date on the Plaintiff‟s bill. The Plaintiff is however,
claiming interest form 18-4-2014 upto the date of filing of this suit @ 18% per annum.
9. That the cause of action in favour of the Plaintiff and against the Defendant first
arose in 2000 when the Plaintiff was approached by the Defendant for construction of
their paper mill. It further arose in December, 2013 when the said building was
completed and handed over to the Defendant and on 4th April, 2014 when the
Plaintiff submitted the final bill for Rs. 4,19,200/- to the Defendant. The cause of
action arose on all dates when the Plaintiff called upon the Defendant to make the
payment and the later failed to comply with it. The cause of action is still subsisting
as the Defendant has failed to pay the outstanding amount despite repeated oral and
written requests and reminders from the Plaintiff.

SUBMITTED BY SIMRANDEEP SINGH [Link].B (8 TH SEMESTER) ROLL No. 81

STR UC TUR E OF PLAINT P a g e | 22

10. The suit is within the period of limitation.

11. This Hon‟ble Court has jurisdiction to entertain this suit because the part of the
cause of action arose at Delhi. The contract for construction of the paper mill was
entered at Delhi, all the payments upto this date have been made at Delhi and the
payment of the outstanding amount was also to be made at Delhi. The Administrative
Office of the Defendant is situated at Delhi where they carry on the work for their
gain.

12. The value of this suit for the purposes of court fee and jurisdiction is Rs. ---------
on which court fee of Rs. ___________is paid.

13. That this suit is filed under Order XXXVII of the Code of Civil Procedure and no
relief has been claimed which does not fall within the ambit of Order XXXVII.

PRAYER

It is, therefore most respectfully prayed that this Hon‟ble Court may be pleased to :-

(a )Pass a decree for Rs. 4,19,200/-(Four Lakhs Nineteen Thousand and Two
Hundred only) with interest @ 18% per annum from 18.4.2014 upto the date
of filing the suit in favour of the Plaintiff and against the Defendant;
(b )award pendentlite and future interest at the rate of 18% per annum on the
above stated amount of Rs. 4,19,200/-(Four Lakhs Nineteen Thousand and
Two Hundred only) with interest @ 18% per annum from 18.4.2014 upto the
date of filing the suit in favour of the Plaintiff and against the Defendant;
(c) award cost of the suit in favour of the Plaintiff and against the Defendant;
and
(d) pass such other and further order(s) as may be deemed fit and proper on
the facts and in the circumstances of this case.

Plantiff

Place: Through

Date: Advocate

SUBMITTED BY SIMRANDEEP SINGH [Link].B (8 TH SEMESTER) ROLL No. 81

STR UC TUR E OF PLAINT P a g e | 23

VERIFICATION:

Verified at Delhi on this 1st day of January 20... that the contents of paras 1 to 8 of
the plaint are true to my knowledge derived from the records of the Plaintiff
maintained in the ordinary course of its business, those of paras 9 to 13 are true on
information received and believed to be true and last para is the humble prayer to
this Hon‟ble Court.

Plaintiff

[NOTE : The above plaint must be supported by an Affidavit]

SUBMITTED BY SIMRANDEEP SINGH [Link].B (8 TH SEMESTER) ROLL No. 81

STR UC TUR E OF PLAINT P a g e | 24

CONCLUSION

Pleadings are the statement of facts in writing drawn up and filed in a Court by each party to
am case stating therein what his contention shall be at the trial and giving all such details as
his opponent will need to know in order to prepare his case in answer.

A statement of claims, called the “plaint” in which the plaintiff sets out his cause of action
with all necessary particulars

It is of utmost significance to know the genesis of the plaint or to be more explicit, the
occasion which gives rise to the necessity for drafting a plaint. A person aggrieved or a
person in difficulty comes to a pleader and tells his whole story to him and wants some relief
from the court of law. The only thing which a pleader does is that he puts or gives legal form
to the narration of the person. The whole story of the case when put the legal form is called
plaint

SUBMITTED BY SIMRANDEEP SINGH [Link].B (8 TH SEMESTER) ROLL No. 81

STR UC TUR E OF PLAINT P a g e | 25

REFERENCES

1. Chaturvedi R.N. , Pleadings, Conveyancing and Drafting and Legal Proffessional

Ethics, Cental Law Agency, 2018

2. Shrivastava R.D. The Law of Pleadings, Drafting and Conveyancing, Cental Law
Agency, 2017

SUBMITTED BY SIMRANDEEP SINGH [Link].B (8 TH SEMESTER) ROLL No. 81