CENTRAL UNIVERSITY OF SOUTH BIHAR

SCHOOL OF LAW & GOVERNANCE

Research Title-
Admission, Return and Rejection of plaint

UNDER THE SUPERVISION-

Dr. Deo Narayan Singh
Assistant Professor
School of Law & Governance

Submitted by-
Rahul Kumar
B.A.LL.B (Hons.)
Enrollment no.-CUSB1813125073

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 CONTENT
S. no. CONTENT PAGE No.

1 CHAPTER-1 03-04
Introduction
2 CHAPTER-2 04
Plaint
3 CHAPTER-3 05-11
Admission
4 CHAPTER-4 12
Return
5 CHAPTER-5 13-14
Rejection
6 CHAPTER-6 15-16
CONCLUSION AND SUGGESTIONS
7 CHAPTER – 7 16
BIBLIOGRAPHY

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 CHAPTER-1

INTRODUCTION

The expression ‘plaint’ has not been defined in CPC. However, it can be said to be a
statement of claim, a document, by presentation of which a suit is instituted. Its object is to
state the grounds upon which the assistance of the court is sought by the plaintiff. It is a
pleading of the plaintiff.

MEANING AND PARTICULAR OF PLAINT

The expression ‘plaint’ has not been defined in CPC. However, it can be said to be a
statement of claim, a document, by presentation of which a suit is instituted. Its object is to
state the grounds upon which the assistance of the court is sought by the plaintiff. It is a
pleading of the plaintiff.

Particulars of a Plaint [O. VII, R. 1- R. 8]

Every plaint should contain the following particulars:

 The name of the court in which the suit is brought;[ VII, R. 1 (a)]
 The name, description and place of residence of the plaintiff;[ R. 1 (b)]
 The name, description and place of residence of the defendant;[ R. 1 (c)]
 Where the plaintiff or defendant is minor or a person of unsound mind, a statement to that
effect;[ R. 1 (d)]
 The facts constituting the cause of action and when it arose;[R. 1 (e)]
 The facts showing that the court has jurisdiction;[ R. 1 (f)]
 A statement of the value of the subject matter of the suit for the purpose of jurisdiction
and court fees;[ R. 1 (i)]
 The reliefs claimed by the plaintiff, simply or in the alternative;[ R. 1 (g), R. 7, R. 8]
 Where the plaintiff files a suit in the representative capacity, the facts showing that the
plaintiff has an actual existing interest in the subject-matter and that he has taken steps
that maybe necessary to enable him to file such a suit;[ R. 4]
 Where the plaintiff has allowed a set off or relinquished a portion of his claim, the
amount so allowed or relinquished;[ R. 1 (h)]
 Where the suit is for recovery of money, the precise amount claimed;[ R. 2]

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 Where the suits is for accounts or mesne profits or for movables in the possession of the
defendant or for debts which cannot be determined, the approximate amount or value
thereof;[ R. 2]
 Where the subject-matter of the suit is immovable property a description of the property
sufficient to identify it, e.g. boundaries, survey numbers, etc.[ R. 3]
 The interest and liability of the defendants in the subject-matter of the suit;[ R. 5]
 Where the suit is time-barred, the ground upon which the exemption from the law of
limitation is claimed.[ R. 6]

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 CHAPTER-2

ADMISSION, RETURN AND REJECTION OF PLAINT

Admission of plaint

We can divide the above mentioned particulars in three essential parts:

Part I – The Heading and Title

Part II – The Body of the Plaint
Part III – The Relief Claimed

Heading and Title:

Name of the Court

Every plaint should begin with the name of the court in which the suit is brought [R. 1 (a)] to
be written at the head of the plaint and this is called its heading, e.g. “In the Court of District
Judge, Chandigarh”. It is not necessary to add the name of the Presiding Officer of the Court.
Where a court, e.g., the High Court, has various jurisdictions, the jurisdiction in which the
suit is brought should be stated below the name of the Court, thus:

“In the Punjab and Haryana High Court, Chandigarh” it is stated whether the case is in
Testamentary Jurisdiction or Matrimonial Jurisdiction or Ordinary Original Civil Jurisdiction
or Appellate Jurisdiction, etc.

Parties to the Suit

There must be two parties in every suit, namely, the plaintiff and the defendant. There may,
however, be more than one plaintiff or more than one defendant. It is essential to state in the
plaint:

1. The name, description and place of residence of each plaintiff;[ VII, R. 1 (b)] and
2. The name, description and place of residence of each defendant, so far as they may be
ascertained.[ VII, R. 1 (c)]

The word ‘description’ includes the name of the father, age and other particulars necessary to
identify a person. If a defendant is not properly named or described, but the real person
intended has been properly served with the summons and he does not appear to defend the

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suit, a judgment passed against him will be as effective as if his true name and description has
been given in the plaint, and the correct name and address can be substituted at any
subsequent time when they are discovered, because the whole purpose of the description of
parties is to properly identify the person who is a party to the suit.

When there are several plaintiffs or several defendants, each should be described properly
and serial number should be given to each of them so that they can be easily referred to in the
pleadings. It is convenient to mention them in the order in which they play their part in the
story told in the plaint.

A minor or insane person cannot sue or be sued except through a next friend (in the case of a
plaintiff) or a guardian ad litem (in the case of a defendant). Where any of the parties is a
minor or a person of unsound mind, he should be so described [R. 1 (d)]

Title of the Suit

The title of the suit shall mention the reason for approaching the court and the provision
under which the jurisdiction of the court is being evoked. For example:

“Petition for Permanent Injunction restraining the Defendant …. from illegally dispossessing
the property of the Plaintiff…”

“Rent Petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 for the
purpose of eviction of the Respondent tenant from the tenancy premises (H. No. …., Sector
…., Chandigarh) on the ground of non-payment of rent and creating nuisance”

Body of the Plaint:

The second part of the plaint is its body, which is the plaintiff’s statement of his claim and of
other matters which he is legally required to state. It is drawn up in the form of a narrative in
the third person, and is divided into short paragraphs, each containing ordinarily one fact. It is
composed of two portions- the formal portion and the substantial portion.

Formal Portion

The formal portion consists of the following particulars:

1. A statement as to when the cause of action arose;

2. Facts showing that the court has jurisdiction;

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3. A statement of the value of the subject-matter of the suit for the purposes of jurisdiction
and of court-fees;
4. When any party is a minor or a person of unsound mind, a statement to that effect;
5. When the plaintiff sues in a representative character, a statement to that effect, coupled
with the statement that he has taken the steps (if any) necessary to enable him to institute
the suit;
6. When the suit is instituted after the period of limitation, a statement showing the ground
on which the exemption is being claimed.

Date of Cause of Action:

The date of the cause of action should as far as possible be precisely given. O.VII, R. 1(e)
requires that the plaint should contain “the facts constituting the cause of action and when it
arose.” For instance, the cause of action for suit for damages for breach of contract would be
the contract, its breach and the resulting damages. The date of accrual of cause of action is
the date on which the breach of contract took place.

The object of this rule is to determine whether the suit is within the period of limitation. Sec.
3 of the Limitation Act, 1963 lays down that every suit instituted, appeal preferred and
application made after the prescribed period, shall be dismissed although limitation has not
been set out as a defence. It is therefore the duty of the court to find out whether the plaint is
in time.

Jurisdiction of Court:

The plaint must state all the facts showing how the court
has pecuniary and territorial jurisdiction over the subject matter of the suit. If the plaintiff
relies on the defendant’s residence or place of business as giving jurisdiction, the facts
showing this must be stated in the body of the plaint. The statement of these facts in the title
of the suit is not sufficient as the title to the suit is not covered by the verification clause.

Valuation of Suit:

The plaintiff must distinctly and separately give in his plaint the valuation of his claim for the
purposes of court fee and of jurisdiction. Sometimes, the valuation of the subject-matter for
both the purposes may be the same, for example, in a suit for recovery of money. But
sometimes, the two valuations may differ, for example, in a suit for declaration or in a suit for

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injunction or for possession of immovable property. In such a case, the plaintiff should
distinctly state the valuation of the suit for the purpose of the jurisdiction of the court and for
the purpose of court fees.

1.For Court fee – The valuation for the purpose of the court fee is required in those cases
only in which the court fee is charged, under the Court Fee Act, on the valuation, e.g. in suits
for recovery of money, property, etc. In such cases the object of the rule is to enable the court
to check, with reference to the valuation given in the plaint, whether the court fee paid is
sufficient or not.

In suits for which a fixed court-fee is payable, e.g. in suits for declaration without a
consequential relief, no value for the purposes of court-fee need to be given, but it may be
alleged that a fixed fee has been paid on the plaint.

2. For Jurisdiction – Valuation of a claim for the purpose of jurisdiction is required in order
to determine whether the suit is within the pecuniary jurisdiction of the court, and also further
for determining the forum of appeal. In some cases this required also for determining the
amount of process-fee required to be paid, as per the rules framed by some of the High
Courts.

 Minority or Insanity of a party:

However, there is no case law on whether the description of the plaintiff or defendant
being a minor or of unsound mind in the title of the case is sufficient compliance with the
rule, it is better that such statement should be contained in the body of the plaint also.

 Plaintiff’s Representative Character:

If the plaintiff sues in the representative character, that fact should also be stated in the
opening paragraph of the plaint. Example-

“The plaintiffs are Hindu residents of Village ….. and as the number of Hindu residents of
the said village, who are interested in the subject-matter of the suit to the same extent as the
plaintiffs, is large, plaintiffs bring this suit on behalf and for the benefit, of all Hindu
residents of the said Village …..”

 Preliminary Steps:

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If under any law, a plaintiff has to take any preliminary steps before being entitled to bring a
suit in a representative capacity, he must also state that he has taken those steps. For instance,
a suit to establish right to the estate of a person dying intestate to whom the Indian
Succession Act applies cannot be instituted unless letters of administration have been
obtained.

 Limitation:

If a claim is prima facie barred by limitation, and the plaintiff claims it to be within time by
reasons of any of the exceptions to the general rule of limitation, the ground upon which the
exemption is claimed shall be known in the plaint.[ R. 6] If the claim is barred by limitation
and the ground of exemption is not alleged, the plaint is liable to be rejected under O. VII, R.
11 (d).

Substantial Portion

The other portion of the body of the plaint, which must be called its substantial portion,
should contain a statement of all the facts constituting the cause of action, with such
particulars of those facts as are necessary. And where the plaintiff seeks relief in respect of
several distinct claims or causes of action founded upon separate and distinct grounds, they
shall be stated as far as possible separately and distinctly.[ R. 8] The plaint shall further show,
either specifically or by implication from other facts, that the defendant is, or claims to be,
interested in the subject-matter and that he is liable to be called upon to answer to the
plaintiff’s demand. Where there are more than one defendant and they are not jointly
interested in the claim, it should be shown what the liability of each is and why each has been
impleaded in the suit. Similarly, if more plaintiffs than one bring a joint suit and their interest
in the subject-matter is not joint; their causes of action would be separately shown.

1. Cause of action:

Every suit presupposes the existence of a cause of action against the defendant because if
there is no cause of action, the plaint will be rejected [R. 11 (a)] Even though the expression
‘cause of action’ has not been defined in the Code, it may be described as “a bundle of
essential facts, which it is necessary for the plaintiff to prove before he can succeed”, or
“which gives the plaintiff right to relief against the defendant”. Thus, cause of action means
every fact, which is necessary to establish to support a right or obtain a judgment.

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The classic definition of the said expression is found in the case of Cooke v. Gill1 wherein
Lord Brett observed, “Cause of action means every fact which it would be necessary for the
plaintiff to prove, if traversed, in order to support his rights to the judgment of the court.”

It is necessary for the plaintiff to state specifically when such cause of action arose. This will
enable the defendant as well as the court to ascertain from the plaint whether the cause of
action as alleged by the plaintiff did arise or not. In Kuldip Singh v. Ganpat Lal2, the
Supreme Court stated, “The object underlying O. VII, R. 1 (e), which requires that the plaint
shall contain the particulars about the facts constituting the cause of action and when it arose,
is to enable the court to find out whether the plaint discloses the cause of action because the
plaint is liable to be rejected under O. VII, R. 11 if it does not disclose the cause of action.”

Thus, in a suit for possession against the tenant on the ground of non-payment of rent, the
period for which the tenant has been in default must be stated. Where the plaintiff seeks relief
in respect of several distinct claims or causes of action founded upon separate and distinct
grounds, he should state them as far as possible separately and distinctly.[ R. 8] Those facts
which are material, essential or integral form the cause of action. This is decided by the court.

Relief:

The third and the last part of the plaint is the relief sought by the suit. The relief sought
should be accurately worded and it is risky to use loose language. Every plaint must
state specifically the relief which the plaintiff claims whether it be damages or specific
performance or an injunction or a declaration or possession of land or relief of any other
kind. A plaintiff might claim any one or more of such reliefs, either simply or in
the alternative. These reliefs have to be specifically claimed because reliefs claimed in the
plaint cannot be supplemented by an oral prayer.

 Specific Ground

Where a relief is claimed upon a specific ground, the court may grant it upon a ground
different from that on which it is claimed in the plaint if the ground is disclosed by the
allegation in the plaint and the evidence in the case. The power of the court to grant just and
proper relief to a party without asking is also recognized by the provisions of O. VII.

1
Cooke v. Gill [(1873) 8 CP 107]
2
Kuldip Singh v. Ganpat Lal, [ (1996) 1 SCC 243]

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Similarly, a court may grant future mesne profits in a suit for possession and mesne
profits even though they are not specifically prayed for.

 Excess Relief Claimed

When the plaintiff asks for more than what he is entitled to, the suit should not be dismissed
but a decree given for what he is entitled to. Thus, in a suit for ejectment, the court can grant
decree for joint possession or partition. However, when a plaintiff asks for less than what he
is entitled to, no decree can be given in excess of what is claimed unless the plaint is
amended.

 General Relief

The court also provides that it is not necessary to ask for any general or other relief, in
addition to the main relief or reliefs which the plaintiff claims. Such general or other relief
may always be given as the court may think fit, to the same extent as if it has been asked for.
The practise of adding a relief in the following or similar form “Any other relief to which the
plaintiff may be found to be entitled”, is, however, common.

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 CHAPTER-3

RETURN OF PLAINT BY THE COURT:-

The CPC empowers the civil courts to return the plaint to the plaintiff if the court believes
that the plaint is not properly filed. Return is different from rejection and it needs to be noted.
Return of plaint does not connote that the plaint had mistaken or that the rules for drafting the
plaint were not conformed to.

It simply means that the court is not empowered to try the suit for which the plaint is filed.
On the contrary, the plaint is rejected if the essential requirements of a plaint are not provided
in the plaint or if the certain elements are vague and ambiguous.

Procedure for Returning the Plaint:-

The procedure for returning the plaint depends upon two circumstances.

First, where the court in the initial hearings identify that it does not have the jurisdiction to try
the case and it feels that the plaint needs to be returned.

Second, where the defendant has appeared and after which the court believes that plaint needs
to be returned for lack of jurisdiction. In cases where the defendant has not yet appeared and
the court opines to return the plaint, Order 7 Rule 2(2) mandates the court to endorse the
following particulars on the plaint:

Date on which the plaint was initially presented by the plaintiff,

Date on which the plaint is being returned by the court. The returning date is not the one
where the court formed the opinion but when the court actually returned the plaint.
Cause title, i.e. the details of the party which presented the plaint.
Reasons that compelled the court to return the plaint.

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 CHAPTER-4

Rejection of plaint

The Plaint shall be rejected in certain situations when requirements are not fulfilled. Some of
the situations in which the plaint is rejected are as follows:

The plaint is rejected in a case where the cause of action is not disclosed. If the cause of
action is not disclosed then it is not possible to prove the damage caused to the plaintiff.
To seek relief against the defendant, the facts need to be mentioned clearly. In the case
of Snp Shipping Service Pvt. Ltd. v. World Tanker Carrier Corporation3, the plaint was
rejected and the suit dismissed under Order 7, Rule 1(a) of the C.P.C.,1908.

The plaint is also rejected in a case where the plaintiff relief is undervalued and the
plaintiff is requested by the court to correct the valuation within the given time frame but
the plaintiff fails to do so.

The plaint is rejected in a case where all the documents are not properly stamped and the
plaintiff on being required by the court to supply the required stamp paper within a time
to be fixed by court fails to do so.

The plaint is mostly rejected due to the statement mentioned in the plaint secured by any
law or statute that doesn’t give any right to the plaintiff to file the suit.

When a duplicate copy of the plaint is not submitted whereas it is mentioned that it is
mandatory to submit the duplicate copy then in that condition plaint is liable to be
dismissed.

The plaint is rejected when the plaintiff fails to comply with the provisions of Rule 9 of
Order VII of C.P.C.

Provisions on the Rejection of Plaint under C.P.C.

As we have already said in what circumstances the plaint can be rejected and now what are
the provisions that are related to the rejection of the plaint under Code of Civil Procedure.
Some of the provisions regarding the rejection of a plaint are mentioned below:

3
Snp Shipping Service Pvt. Ltd. v. World Tanker Carrier Corporation 1995

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1. Order VII Rule 12 of C.P.C states the procedure on rejecting the plaint so that it can be
used as a precedent for future cases.
2. Order VII Rule 13 of C.P.C states that rejection of the plaint does not stop the
presentation or filling of the fresh plaint.

Two modes which are mentioned to show the manner in which the plaint can be rejected:

1. The defendant has the right to file an application in the form of an interlocutory
application at any stage of proceedings for the rejection of the plaint.
2. Suo moto (on its own): The meaning of the suo moto itself defines the way of rejection of
the plaint. Suo moto rejection is under Order 7 Rule 11 which states Rejection of the
plaint. A court can itself try a suit under Order 7 Rule 11 if the plaint fulfills the
conditions discussed in the first point.

Landmark Cases on Rejection of Plaint

Many cases came in front of court related to the rejection of plaint but some of the cases
given below are now considered as a landmark for other cases on the rejection of plaint:

Kalepur Pala Subrahmanyam v Tiguti Venkata4: In this case, it was said that a plaint
cannot be rejected in part and retained part under this rule. It must be rejected as a whole
and not with the rejection of one part and acceptance of another. This judgment is
considered as a landmark judgment on the rejection of the plaint.

Sopan Sukhdeo Sable v. Asstt. Charity Commr.5: In this case, it was held that where the
suit was at the stage of recording of evidence and an application under Order 7 Rule 11 of
the code was filed to delay the proceedings of the suit, the application under Order 7 rule
11 of the code was rejected.

Bibhas Mohan Mukherjee v. Hari Charan Banerjee6: In this case, it was held that an
Order rejecting a plaint is a decree and hence it is applicable and binding in other cases
which involves the rejection of the plaint.

4
Kalepur Pala Subrahmanyam v Tiguti Venkata AIR 1971 SC 55
5
Sopan Sukhdeo Sable v. Asstt. Charity Commr. 1998 SCC 666
6
Bibhas Mohan Mukherjee v. Hari Charan Banerjee AIR 1961 cal 765

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 K. ROJA vs. U.S. RAYU7: Court, in this case, held that any application for the rejection of
the plaint under Order 7 Rule 11 of the code of civil procedure can be filed at any stage
and the court has to dispose of the same before proceeding with the trial.

Kuldeep Singh Pathania vs. Bikram Singh Jarya8: In this, the court held that for an
application under Order VII Rule 11(a) of Code of Civil Procedure, only the pleadings of
the plaintiff can be looked into and neither the written statement nor averments can be
considered for inquiry.

CHAPTER-5

Conclusion and Suggestions

In framing a suit unwanted hazards should be avoided. Lengthy civil suit is a lengthy process
in human life the same is a wastage of energy and time. Lengthy civil suit engulfs the lifetime
of a party. Competency of a court in disposing a civil suit is of mare importance than
anything else. Legal profession is a solemn and serious occupation. It is a noble calling and
all those who belong to it are its honorable members. Although the entry to the profession can
be professional has to be maintained by its members. Every Civil suit must be duly stamped,
and must be signed with due verification. Success of a party lies, in filing civil suit with due
care. Improper plaint gives birth to, improper results and the same affects the life and
property of a party, care should be taken over filing a civil suit, in matters of court fees,
jurisdiction and specification of the suit land.Lawyers must be careful in discharging their
duties and in discharging the duties bestowed upon them. It should be taken case of that a
man should not be tried in his absence; by keeping him ignorant over the fact and actual
matters. Hence in a civil suit the summons must contain a direction whether the date fixed is
for settlement of issues only or for final disposal of the suit. In the latter case, the defendant
should be directed to produce his witnesses. The court must give sufficient time to the
defendant to enable him to appear and answer the claim of the plaintiff on the day fixed. The
summons should also contain an order to the defendant to produce all documents or copies
thereof in his possession or power upon which he intends to rely on in support of his case. A
party in litigation must remember that good plaint gives birth to a good decree. As such to

7
K. ROJA vs. U.S. RAYU AIR 2016 SC 865
8
Kuldeep Singh Pathania vs. Bikram Singh Jarya AIR 2014 SC 885

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achieve a good decree plaint must be duly filed. Otherwise the same may deprived the party
from enjoying the fruits of a civil suit.

CHAPTER-6

Bibliography
BOOKS-

 Civil Procedure, CK Takwani, 8th Edition

Website-

 www.legalbites.in
 www.indiankanoon.in
 www.advocatekhoj.com
 www.indianjudiciary.com
 http://www.legalservicesindia.com

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