Order 7 of CPC: Plaint – A Complete Guide Order 7 of the Civil Procedure Code (CPC), 1908, deals with plaints – the written statement by which a civil suit is initiated in court. The plaint is the foundation of any civil case and must be drafted carefully, as it determines how the court will proceed with the matter. In this article, we will cover the meaning, essential requirements, and detailed rules under Order 7 CPC along with relevant case law, so you can understand how a plaint works in practice. What is a Plaint? A plaint is the written document filed by the plaintiff in a civil court, stating the facts of the case, cause of action, relief sought, and other particulars. It is the starting point of every civil suit and must comply with the rules of Order 7 CPC. If a plaint does not meet these requirements, the court may either return or reject it. Rule 1: Particulars of a Plaint Every plaint must contain certain basic details, including: • The name of the court where the suit is filed. • The name, description, and residence of the plaintiff. • The name, description, and residence of the defendant. • Statement if any party is a minor or of unsound mind. • The facts constituting the cause of action and the date it arose. • Facts showing why the court has jurisdiction. • The relief claimed by the plaintiff. • Statement of the value of the subject matter for jurisdiction and court fees. ✓ In short, the plaint must tell the court who is suing whom, for what reason, and what relief is being sought. Rule 2: Money Suits When a plaintiff seeks recovery of money, the plaint must state the exact amount claimed. • If the amount is fixed and known, the precise figure should be mentioned. • If the amount is uncertain (like mesne profits, unsettled accounts, or debts that cannot be calculated exactly), the plaint should mention an approximate value. Rule 3: Suits Relating to Immovable Property If the dispute concerns land or property, the plaint must describe the property in a way that it can be easily identified. This includes boundaries, survey numbers, or landmarks. Minor errors in description will not invalidate the plaint, as long as the property can be clearly understood by the defendant and the court. Rule 4: Representative Suits When a plaintiff files a suit in a representative capacity (for example, an executor of a will or a legal heir), the plaint must show that: 1. The plaintiff has a legal interest in the matter. 2. All legal formalities (such as probate in case of a will) have been completed. Rule 5: Defendant’s Interest and Liability The plaint must explain how the defendant is connected to the dispute and why he is liable to respond to the plaintiff’s claim. Rule 6: Grounds of Exemption from Limitation If a suit is filed after the limitation period, the plaint must include valid reasons for seeking exemption. Courts may accept such grounds if they are legally justified and not inconsistent with the plaint’s facts. Rule 7: Specific Relief The plaintiff must clearly state the relief claimed in the plaint. Relief may include: • Damages (compensation) • Possession of property • Declaration of rights • Injunction (to stop or prevent an act) • Specific performance of a contract The plaintiff may also seek alternative relief, in case the main relief is not granted. Rule 8: Separate Grounds of Relief If the plaintiff seeks multiple and distinct reliefs based on separate causes of action, they must be stated separately and clearly. Rule 9: Procedure After Admission of Plaint Once the court admits the plaint, the plaintiff must file copies of the plaint for each defendant within 7 days, along with requisite court fees. Rule 10: Return of Plaint A plaint is returned when the court finds it has no jurisdiction to hear the case. This may be due to: • Territorial jurisdiction, • Pecuniary jurisdiction, or • Subject-matter jurisdiction. The court endorses the date of presentation, date of return, reason for return, and name of the person taking it back. ✓ The plaintiff can then file it in the appropriate court. Rule 10-A & 10-B: Procedure Before and During Return If the court decides to return a plaint, it must first notify the plaintiff. The plaintiff can request the court to fix a date of appearance in the proper court. Even appellate courts (like High Courts) can return plaints if they find the original court lacked jurisdiction. Rule 11: Rejection of Plaint A plaint can be rejected in the following cases: 1. If it does not disclose a cause of action. 2. If the relief claimed is undervalued and not corrected within time. 3. If the plaint is insufficiently stamped and the defect is not rectified. 4. If the suit is barred by law on the face of the plaint. 5. If it is not filed in duplicate. 6. If Rule 9 requirements are not complied with. Important distinction: • Rejection of plaint is on technical grounds – the plaintiff may file again. • Dismissal of suit is on merits – a fresh suit cannot be filed. Rules 12 & 13: Effect and Procedure of Rejection When a plaint is rejected, the court passes an order with reasons. The plaintiff is not barred from filing a fresh plaint on the same cause of action, subject to limitation. Rules 14 to 17: Documents to be Filed with Plaint The plaintiff must file all relevant documents with the plaint (e.g., agreements, receipts, letters). If not filed, they cannot be used later unless the court permits. Exceptions: • Documents used for cross-examination. • Documents shown only to refresh a witness’s memory. Difference Between Return and Rejection of Plaint • Return of plaint – Filed in the wrong court, but can be…