PLAINT BY DEEPAK KUMAR

In this ppt you will get all the information regarding Plaint. I tried to summaries this important topic within 10 slides. I hope you will find this informative and helpful. If something i forgot to be mentioned in slides or something you no more than that please let me know so i can also learn from you guys.

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1. plaint Deepak kumar ( CENTRAL UNIVERSITY OF SOUTH BIHAR )

2. INTRODUCTION To Set the Criminal Justice System into Motion FIR Lodged. In the Same Way the Entire Machinery of the Civil Law is put into Motion by the Institution of the Suit. Institution of the Suit ( Section – 26 of CPC ) – Every Suit shall be instituted by the Presentation of a Plaint .

3. MEANING AND DEFINITION OF PLAINT ORDER – Vll of the CPC deals with Plaint. But Plaint is not defined anywhere in CPC. In case of Girija Bai V. Thakur Das, AIR 1967 , court states that “Plaint means the Pleading of the plaintiff.” Pleading(Order–Vl, Rule–1) shall mean “ Plaint or Written Statement ”.

4. Particulars in plaint ( Order – vii , rule – 1 ) A Plaint shall contain :- Name of the Court in which the Suit is brought. Name, Description & Place of Residence of the Plaintiff & Defendant. Facts constituting the cause of action & when it arose. Facts showing the territorial jurisdiction of the court. Relief claimed by the plaintiff. Value of the subject matter for determining the pecuniary jurisdiction & court-fees.

5. Procedure on admitting plaint ( order – vii, rule – 9 ) When the Court orders that summons to be served on the defendants, it will direct plaintiff that :- Plaintiff to present as many copies of the Plaint as there are defendants. Copies of the plaint shall be presented within 7 days from the date of of such order. Plaintiff to present with requisite fee for service of Summons on the defendants.

6. Return of plaint [order – vii , rule – 10 (1) ] Plaint shall be returned at any stage of the suit. For the Proper Court Presentation Or To be Presented to the Court in which the Suit should have been Instituted. ONGC Ltd. V. Modern Construction & Company(2014) – it was held that where the Plaint is Presented before the court of competent jurisdiction, the plaint is to be considered as a fresh Plaint & the trial is to be conducted from the beginning even if it stood concluded before the Previous Court.

7. Procedure on returning plaint [ order – 7 , rule – 10 (2) ] On returning a Plaint, the Judge shall endorse thereon : - The date of its presentation & return. The name of the party presenting it. The reasons for returning it.

8. Rejection of plaint ( order – vii , rule – 11) The Plaint shall be rejected in the following cases :- Where Plaint does not disclose a cause of action. Where the relief claimed is Undervalued. Where the Plaint is not filed in Duplicate. Where the suit appears from the statement barred by any law. Where the Plaint is written upon paper is Insufficiently Stamped. Where the plaintiff fails to comply with the provisions of rule 9.

9. conclusion A Plaint is the first step towards the initiation of the suit. Through the institution of the suit or through the presentation of the Plaint the entire machinery of the civil law is put into the motion. The purpose of the Plaint is to record the statement of the plaintiff and record the reason for the cause of action it does not demand evidence from the plaintiff. There is provision for the rejection of Plaint but it does not prohibit the plaintiff to present the fresh Plaint on the same cause of action.

10. reference Books 1. Bare Act, The Code Of Civil Procedure, 1908 2. C.K. Takwani , 2021, Civil Procedure Limitation and Commercial Courts, EBC Publication Ltd.., Ninth Edition. WEBSITES 1. WWW.LEGALSERVICEINDIA.COM 2. WWW.SCCONLINE.COM