Monday, May 19, 2025

Writing a plaint

 

Writing a plaint (a formal written complaint or statement of claim filed in a civil court) involves a structured format that complies with the Civil Procedure Code, 1908 (CPC), particularly Order VII. Here's a step-by-step guide on how to draft a plaint in India:


๐Ÿงพ Standard Format of a Plaint

1. Title/Cause Title

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IN THE COURT OF THE CIVIL JUDGE AT [Location] Civil Suit No. ___ of 20__ [Name of Plaintiff], S/o / D/o / W/o _______, Residing at ___________, ...Plaintiff VERSUS [Name of Defendant], S/o / D/o / W/o _______, Residing at ___________, ...Defendant

2. Introductory Paragraph

Mention the capacity of the plaintiff and the defendant, and jurisdictional facts:

The Plaintiff respectfully submits as under:

3. Body of the Plaint (Facts of the Case)

Break this into numbered paragraphs:

  1. Details of Plaintiff and Defendant
    (Names, addresses, relationships if relevant)

  2. Cause of Action
    Clearly explain what happened, when and how the cause of action arose.

  3. Jurisdiction
    Show why the court has jurisdiction (subject matter and territorial).

  4. Relief Sought
    State what the plaintiff is asking the court to do (e.g., compensation, injunction, specific performance, etc.)

  5. Valuation & Court Fees
    State the valuation of the suit and the court fees paid.

  6. Limitation
    State that the suit is filed within the period of limitation.


4. Prayer Clause

PRAYER
In view of the above, the Plaintiff prays that this Hon’ble Court may be pleased to: a) Pass a decree in favour of the Plaintiff and against the Defendant for [mention relief sought]; b) Grant any other relief(s) as this Hon’ble Court deems fit and proper in the interest of justice; c) Award costs of the suit. Place: __________ Date: ___________ [Signature] Plaintiff Through Counsel: [Advocate’s Name] [Enrollment No.] [Address & Contact]

5. Verification

VERIFICATION
I, [Plaintiff’s Name], the Plaintiff above named, do hereby verify that the contents of paragraphs __ to __ are true to my knowledge and belief, and the rest are believed to be true based on legal advice. Verified at [Place] on this ___ day of _______ 20__. [Signature] Plaintiff

Checklist Before Filing

  • Proper court jurisdiction chosen

  • Limitation period adhered to

  • Court fees affixed

  • Relevant documents attached as annexures

  • Vakalatnama filed if represented by an advocate

  • Verification properly signed

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