Get complete information on Plaint – Model Verification

I………… plaintiff (or defendant, do hereby declare that what is stated para

(……… ) to para (…………. ) are true and correct to the best of my knowledge and belief, and the contents of para (………. ) on information I believe to be true and correct, and hence verified on this the 28 day of May (Month) 1997 (year) at Hyderabad.

An important ingredient relating to pleadings is that a plaintiff cannot take inconsistent pleas while the defendant can, so long as the pleas are not mutually destructive of each other.

So far as the plaintiff is concerned, it is permissible to claim alternative reliefs but the plaintiff cannot take alternative stands. For example, to get a tenant vacated from a rented house, the plaintiff (Landlord) cannot invoke the provisions of Section 10 of A.P.

Buildings (L, R and E) Control Act and at the same time invoking Section 106, Transfer of Property Act. This is so since buildings falling under the provisions of Rent Control Act are not governed by Transfer of Property Act.

At the same time suppose A claims that B broke the glass window pane of A’s house while playing cricket. The defences open for B are:

(a) B did not play cricket at all.

(b) B did not break the window pane of A.

(c) A did not have house at all.

(d) A’s house did not have glass pane …so on and so forth.

The pleadings of the parties form the foundation of their case and it is not open to them to give up the case set out in the pleadings and propound a new and different case: Vinod Kumar Arora vs. Surjit Kaur, AIR 1987 S.C. 2179.

In C. Mohammed vs. Ananthachari, AIR 1988 Ker. 298, it was pointed out that a plaintiff can take inconsistent pleas of ownership and easement alternatively but such plaintiff shall confine himself to either of the pleas only at trial stage or thereafter.

The plaint and its ingredients are mentioned in detail in Order 7 C.P.C. The following shall be stated in a plaint under O. 7 Rule 1 C.P.C.:

(i) The name of the court where the suit is laid.

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

(iii) Similar particulars of the defendant to the extent possible.

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

(v) The facts constituting cause of action and when they arose.

(vi) The fact showing that the court has jurisdiction, inherent, pecuniary and limitation wise.

(vii) Details as to set-off allowed to the defendant or relinquishment of part of the claim.

(viii) The relief claimed and a statement of valuation for the purpose of court fees.

The names of the parties, in practice are shown twice, immediately after the name of the court where the plaint is laid, and as paras one and two. Initially only the names are mentioned.

In paras one and two the descriptive particulars of the parties like name of father or husband, age, calling as well as religion (where it becomes necessary) and address are stated. The common form of description as adopted in many parts of Andhra is that the Description of the plaintiff is followed by Address for service of summons, notices and all processes.

Wherein the address of the plaintiff as that of his/her counsel and interestingly in the column of “Address of the Defendant for service of summons, notices etc” the address of Defendant is incorporated, for the reason that on the date of filing the suit, the advocate to be engaged by the defendant remains unknown and till the defendant appears and engages the advocate.

His address will be known by the vakalat he files. This is essentially is to be adhered to in view of Order VI, Rule 14-A of C.P.C., Another thing of importance is that the address so incorporated will be known in law as ‘Registered Address’ and any change of the registered address should be intimated to the Court.

The first part where the names of the parties alone is mentioned is known as “short cause title” while the portion of detailed description of the parties is called “long cause title”. Minors and persons of unsound mind cannot conduct the case themselves.

For such persons, a guardian conducts the case. The guardian conducting the case for a minor or of unsound mind plaintiff/applicant/petitioner is known as “next friend” whereas the guardian of the defendant/respondent is called “guardian” though both are appointed under Order 32 C.P.C.

Order 7 Rule 2 to 6 contain specific directions as to relief claimed by a party. Where the plaintiff seeks for recovery of specific amount, it should be specifically stated in the plaint. But, if the amount cannot be specified such as mesne profits or value of moveables, the plaint shall state the estimated value of the same. (Order 7 Rule 2)

In respect of suits relating to immoveables, they shall be described in detail with reference to boundaries and survey number; and if the property has been known with a name, such name shall also be stated [O. 7 Rule 3].

If the plaintiff sues in representative capacity, the plaint should clearly state those details [Order 7 Rule 4],

If the plaint is instituted after the apparent period of limitation, the plaint shall state how the suit is maintainable.

After verification para, the list of documents filed along with the plaint shall be stated and the plaintiff or his advocate shall sign the same. After 1976 Amendments to C.P.C. it is imperative for a plaintiff to file all his documents along with the plaint.

Order 13 Rule 2 C.P.C. provides an exception to the effect that either side may file documents beyond the date of pleadings with an application explaining the circumstances as to why the document(s) could not be filed with the pleadings. If the court is satisfied with the cause, the documents filed belatedly would be received.

However, the suit documents should invariably be filed along with the plaint. If A sues B on the basis of a pronote, the pronote should be filed. If A sues B for specific performance of agreement, the agreement is a suit document. Similarly in a suit by landlord A against tenant B on the basis of a lease, the lease deed is a suit document.

Rules 10, 10A and 10B of Order 7 deal with the return of the plaint. A plaint is ordinarily returned for compliance of such defects like not signing, not disclosing cause of action, non-payment of proper court fees, misjoinder or non-joinder of parties or causes of action, etc.

When a plaint is returned for representation after complying with objections, it shall be represented by complying with the objections or convincing the presiding officer that the objection raised by the court is unsustainable.

In case a plaint is not resubmitted within the time provided by the court, the delay in representation can be condoned under Section 148 C.P.C. on petition for the condonation of delay which should contain the number of days to be condoned.

Order 7 Rule 11 C.P.C. contemplates rejection of the plaint in certain circumstances. Where there is no cause of action, under valuation of court fees or the case is barred by limitation, the plaint shall be rejected. Section 2(2), C.P.C. (After 1976 Amendment), declares that rejection of a plaint is a decree. In other words order of rejection of plaint is appealable just like any other decree.

The contents of the plaint have to be proved by affidavit, which has to be separately filed in support of facts stated in the plaint, which has to be accompanied with the plaint (See Order VI, Rule 15(4) inserted by Amendment Act 1999). This amended provision does not apply to suits pending before the commencement of the amending Acts.

Every plaint should be filed in duplicate duly signed and verified. Any plaint not filed in accordance with Order IV, Rule 1 cannot be said to be duly instituted, and the suit is deemed to be instituted only when the plaint is filed in compliance with Rule 1 of Order IV.

Hence, in cases of suits filed just before limitation, care should be taken to file the plaints after duly complying with the requirement of Rule 1 of Order IV, otherwise, if the said provisions are complied with after the period of limitation has expired, it would result in dismissal of suit.

Further, the plaint is liable to be rejected when it is not filed in duplicate under Rule 11(e) of Order VII as amended by Amendment Act of 1999.

Along with the plaint the plaintiff has to file the documents in his possession and copies thereof in Court along with a list. Where any such document is not in the possession of the plaintiff, he should state in whose possession it is.

If the said documents are not filed along with the plaint they cannot be allowed to be received in evidence at the hearing of the suit. In case of other documents plaintiff has to produce all original documents, when copies of the same are filed along with the plaint, before the settlement of issues.