ES वाद-पत्र से क्या अभिप्राय है? वाद-पत्र की अर्न्तवस्तु क्या होनी चाहिए?

 Plaint: Definition and Contents

1. What is a Plaint?

A plaint is a formal written document submitted by the plaintiff in a civil court, stating the facts of the case and the relief sought against the defendant. It is the first step in initiating a civil lawsuit and serves as the foundation of the plaintiff’s claim.

A plaint is governed by Order VI and Order VII of the Code of Civil Procedure, 1908 (CPC) and must comply with the procedural requirements set by law.

---

2. Contents of a Plaint

A valid plaint must include the following essential elements:

(i) Name of the Court

• The plaint should specify the name of the court where the suit is being filed.
• The court must have jurisdiction over the matter.

(ii) Details of the Plaintiff and Defendant

• Plaintiff’s name, father’s/husband’s name, address, and description.
• Defendant’s name and address.
• If there are multiple parties, all their names and addresses must be mentioned.

(iii) Cause of Action

• The plaint must state the cause of action, i.e., the set of facts that gave rise to the plaintiff’s claim.
• The cause of action should be clear, specific, and relevant to establish the legal right violated.

(iv) Jurisdiction of the Court

• The plaint should explain why the court has jurisdiction over the case.
• This includes both territorial jurisdiction (where the cause of action arose) and pecuniary jurisdiction (based on the monetary value of the claim).

(v) Statement of Facts

• A chronological statement of facts relevant to the dispute should be provided.
• The facts must be material facts only—not opinions or unnecessary details.

(vi) Relief Sought

• The plaint must clearly mention the relief/remedy the plaintiff is seeking from the court.
• Relief may be:
  • Monetary compensation (damages).
  • Injunctions (prohibitory or mandatory orders).
  • Specific performance of a contract.
  • Possession of property, etc.

(vii) Valuation of the Suit and Court Fees

• The plaint must state the value of the claim for court fee purposes.
• Court fees must be affixed as per the Court Fees Act, 1870.

(viii) Verification Clause

• The plaint must include a verification by the plaintiff, stating that the facts mentioned in the plaint are true and correct to the best of his knowledge.
• The verification must be signed by the plaintiff and attested by a notary or an advocate.

(ix) Signature and Affidavit

• The plaint must be signed by the plaintiff or an authorized representative.
• In some cases, an affidavit in support of the plaint is required, especially for matters involving temporary injunctions.

---

3. Conclusion

A plaint is a crucial legal document that initiates a civil suit. It must be drafted carefully, ensuring it includes all essential elements such as the cause of action, jurisdiction, facts, relief sought, and proper verification. Any defect in the plaint may lead to its rejection under Order VII Rule 11 of CPC.