ESSENTIALS OF PLAINT

LEGAL DRAFTING-I

Submitted by: Eeman Ghouri

SAP ID: 70129024
Introduction
A Plaint is a crucial legal document that formally commences a civil suit before a
court. It is the document that sets out the plaintiff’s claim and demands a judicial
remedy for the harm they have suffered. The Civil Procedure Code (CPC), 1908,
governs the preparation and filing of the plaint in civil cases. A plaint serves as the
foundational document in litigation and must contain all relevant information to
establish the plaintiff’s legal rights and the facts on which their claim is based. A
well-drafted plaint ensures that the suit is valid. The essentials of a plaint are the
specific components that must be included for the document to be considered
complete and admissible.

"The law is the public conscience, and a plaintiff’s plaint is its voice." —
Blackstone

Definition
According to Cambridge a plaint is:

“An official legal complaint against someone that is used in a court of law.”

Essentials of a Plaint in Pakistan

1. Name of the Court:

The name of the court refers to the designation of the court where the plaintiff
is filing the suit. It is typically mentioned at the very beginning of the plaint.
The plaintiff must specify the court's name in order to establish the venue
where the legal dispute will be heard. This is important because different
courts have different levels of jurisdiction, and the court's name indicates
whether the matter is being filed in a Civil Court, District Court, High
Court, or Supreme Court. The court's jurisdiction may depend on factors
such as the subject matter of the case, the value of the claim, or the
geographical location of the parties.

For example, in cases of contractual disputes with smaller claims, the case
may be filed in a Civil Court. However, if the value of the claim exceeds the
jurisdictional limit for Civil Courts, the case may need to be filed in a District
Court. The correct identification of the court is essential to avoid
 jurisdictional issues and to ensure that the court is competent to hear the
matter.

Legal Reference: Order VII Rule 1, CPC

2. Case Number:

The case number is a unique identifier assigned to the suit once it is filed in
the court.
After the plaint is submitted to the court, the court assigns a case number to
track the progress of the case. The case number is an important reference point
that helps both the parties and the court to identify and manage the case. It is
usually recorded on the first page of the plaint and becomes a key element in
all subsequent legal documents related to the suit, including notices, orders,
and judgments.

3. Information about the Plaintiff:

The plaintiff is the person or entity bringing the suit. The plaint must provide
comprehensive details about the plaintiff. The plaint should include the full
name, address, and legal description of the plaintiff, which can be an
individual, a company, or another legal entity. The legal status of the plaintiff
(e.g., whether they are acting as an individual, a corporate body, or in a
representative capacity) should also be clearly stated.

In cases where the plaintiff is legally incapacitated (such as a minor, someone

of unsound mind, or a person acting through a next friend), the plaint should
clearly specify the legal representative or guardian acting on behalf of the
plaintiff. For example, if a minor is filing a lawsuit, the name and details of
the guardian or next friend must be mentioned.

Legal Reference: Order VII Rule 1, CPC

4. Information about the Defendant:

The defendant is the person or entity against whom the lawsuit is brought. The
plaint must contain full details of the defendant. Similar to the plaintiff, the
defendant’s full name, address, and legal status must be provided. The
defendant’s role in the suit (whether they are an individual, a company, or a
government body) should be clearly stated. If there are multiple defendants,
 the plaint must list each defendant separately along with their respective
information.

If the defendant is a company or organization, the name of the legal

representative or authorized person should also be specified.

Legal Reference: Order VII Rule 1, CPC

5. Title of the Suit:

The title of the suit identifies the parties involved and the nature of the dispute.
The title of the suit is usually written in the format: "Plaintiff’s Name vs.
Defendant’s Name." This helps to quickly identify the parties involved in the
litigation. The title also serves as the legal heading of the case and is referred
to in all legal documents filed throughout the case.

For example, in a property dispute, the title could be something like: “Ali vs.
Ahmed: Suit for Declaration of Ownership”. The title should be concise yet
specific enough to reflect the issue at the core of the dispute.

Legal Reference: Order VII Rule 1, CPC.

6. Facts and Grounds:

The facts and grounds section of the plaint outlines the events and
circumstances that led to the legal dispute. This is the most important part of
the plaint, as it sets out the factual narrative that justifies the plaintiff’s claim.
The facts should be presented in a clear, logical, and chronological order,
explaining how the plaintiff's legal rights were violated by the defendant.

The grounds refer to the legal basis for the claim. For example, in a breach of
contract case, the plaintiff must outline the terms of the contract, the
defendant's failure to meet those terms, and the resultant harm caused to the
plaintiff. If the suit involves torts (e.g., negligence or defamation), the plaintiff
must specify how the defendant’s actions meet the legal criteria for the tort in
question.

Legal Reference: Order VII Rule 1, CPC

7. Any Special Information that Supplies Plaintiff’s Legal Disability:

This addresses any legal incapacity or disability the plaintiff may have in
filing the suit. If the plaintiff is legally incapacitated, such as a minor, someone
of unsound mind, or someone acting through a next friend (legal guardian),
the plaint must specify this disability and provide details of the person
representing them. This ensures that the plaintiff has the proper legal standing
to initiate the suit.

Legal Reference: Order VII Rule 1, CPC

8. Cause of Action:

The cause of action refers to the set of facts that give rise to the legal claim.
The cause of action must be clearly articulated in the plaint. It refers to the
facts and circumstances that entitle the plaintiff to seek judicial relief. For
example, if the suit is for breach of contract, the cause of action would include
the date of the contract, the defendant's failure to perform the contractual
obligations, and any resulting damage to the plaintiff.

It is crucial to set out the cause of action clearly because it forms the
foundation of the plaintiff's legal claim. Without a well-pleaded cause of
action, the court may dismiss the plaint on the grounds of insufficient grounds
for a lawsuit.

Legal Reference: Order VII Rule 1, CPC.

9. Court’s Jurisdiction:

Jurisdiction refers to the authority of the court to hear and decide the case. The
plaint must establish that the court where the suit is filed has jurisdiction over
the matter. Jurisdiction can be determined by several factors, such as the
subject matter, territorial jurisdiction, and pecuniary jurisdiction.

If the court does not have jurisdiction, it will be unable to entertain the suit,
and the plaint may be dismissed or transferred to the appropriate forum.

10.Prayers (Relief Sought):

The prayer or relief sought is the specific remedy the plaintiff is requesting
from the court. The plaintiff must clearly state the specific relief or remedy
 they seek, whether it be monetary compensation, an injunction, specific
performance of a contract, or any other legal remedy. The prayers should
directly relate to the facts and grounds of the case.

Case Law
In the case of Mst. Zohra Bibi v. Muhammad Iqbal (PLD 1971 SC 114), the
Supreme Court of Pakistan emphasized the importance of a proper and valid plaint.
The court held that a plaint that does not comply with the essential requirements of
Order VII of the CPC is liable to be rejected. This case set a precedent that the plaint
should contain sufficient details, including the cause of action, relief sought, and a
clear statement of facts, as these are critical for the defendant to understand the
claims against them and prepare their defense.

Conclusion
A well-drafted plaint is the cornerstone of a successful suit. Each of the essential
elements, from the name of the court to the prayers sought, plays a crucial role in
ensuring that the suit is legally sound and the court can effectively adjudicate the
dispute. Adherence to these essentials, as outlined in the CPC, ensures that the
plaintiff’s claim is properly presented and that the court has the necessary
information to render a fair judgment.