Meaning and Definition of Suit and Plaint under Civil Procedure Code, 1908.

 Lecture-2

Q. 2 Define suit and Plaint, what are the essential elements of plaint under Civil Procedure Code, 1908.

Suit:-

The word “Suit” ordinarily means a civil proceeding instituted by the presentation of a plaint. In its comprehensive sense, the word “suit” is understood to apply to any proceeding in a court of justice by which an individual pursues that remedy which the law permits.

 

The frame of Suit (Order II Rule 1)

Order II Rule 1, CPC lays down the rules for framing a suit. Accordingly,  it requires that every suit should as for as practicable, be so framed as to afford grounds for final decision upon the subject matter in dispute and to prevent further litigation concerning it. The object of this rule is to give effect to the maxim interest republicae ut sit finish litium, that is, it is the interest of the State that there should be an end to litigation.

Penalty for non-compliance:-

The penalty for non-compliance with the rule is provided partly by Section 11 Explanation IV and partly by Order II, Rule2. Explanation IV of Section 11 lays down that any matter which might and ought to have made a ground of attack or of defence in a former suit will be deemed to have been a matter directly and substantially in issue in  such suit and will not be allowed to be re-opened in a subsequent suit, between the same parties, although it was not actually adjudicated upon in the former suit. Order II, Rule 2 lays down that every suit should include the whole claim which the plaintiff is entitled to make in respect of the same cause of action and that if he omits to include any portion of such claim he shall not be entitled to sue again in respect of it.  

Plaint :-

Plaint (order-7) is a statement of claim, a document, or a memorial by the presentation of which the suit is instituted. It contains the grounds on which the assistance of the court is sought by the plaintiff.

Essential elements of the plaint under Civil Procedure Code, 1908 are as under:-

Plaint (Order 7) :- The entire legal machinery under the Civil Law is set in motion by the filing of the plaint and hence plaint is the actual starting point of all pleadings in a case. The plaint shall contain the following particulars

(i) Name of the court in which suit is brought.

(ii) Name, description and place of residence of the plaintiff.

(iii) Name, description and place of residence of the defendant so far it can be ascertained.

(iv) Where the plaintiff or defendant is a minor or person of unsound mind statement to that effect.

(v) Facts constituting the cause of action and when it arose.

(vi) Fact showing that the court has jurisdiction.

(vii) The relief which the plaintiff claims.

 (viii) Where the plaintiff has allowed a set-off or relinquishes a portion of his claim, the amount so allowed for relinquishment.

(ix) Statement of the value of the subject matter of the suit for purpose of jurisdiction and court fees. If after submitting the plaint the court finds that it should be submitted before some other court the plaint could be returned, and intimation thereof can be given to the plaintiff. The court has the power to reject the plaint on the following grounds:

1.Where it does not disclose the cause of action

 2.Where the relief claimed is undervalued and plaintiff fails to correct the valuation within the time fixed

 3. If the relief is properly valued but insufficient court fee stamp is paid and the plaintiff fails to make good such amount.

4. Where the suit appears to be time-barred, from the statements in the plaint