Plaint (order vii)
The word has not been defined in the code but it can be said to be a statement of claim, a document by the presentation of which a suit is initiated. Every civil suit is instituted by presenting plaint to the court or such officer as it appoints in that behalf plaint is plead of the plaintiff.
In other words, a plaint is a comprehensive document, the pleading of the plaintiff which outlines the essence of a suit and sets the legal wheel up and running.
Particular of plaint:
- Name of the court in which suit is brought.
- Name, place, and description of the residence of the plaintiff.
- Name, place, and description of residence of the defendant.
- A statement of unsoundness or of minority, if in case either plaintiff or defendant belongs to such category.
- The facts which led to the cause of action and when it arose.
- The facts showing the court has its jurisdiction.
- The amount so allowed or relinquished by the plaintiff.
- A statement of the value of the subject matter of the suit for the purpose of jurisdiction and of court fee, so far as the case admits.
The procedure of admission of plaint:
- Heading and Title: Title of the suit consists the name of the court, case number given by the office of court and details of parties.
- Body of plaint: It consists of facts consulting the cause of action and when it took place.
- Relief: the last part of the plaint is a relief. It must be proper and accurate. Plaint must state the relief which he is claiming either simply or in the alternative. This has to be done with utmost carefulness because once it is claimed then it can not be backed by oral pleadings.
- Signature and Verification: The signature of the plaintiff put to the end of plaint. In case the plaintiff is absent due to some legitimate reasons the authorized representative can sign.