How to File a Plaint? Definition, Provision, Procedure and More

Ruchika Mohapatra

4 March 20262 min read

Introduction

In civil litigation, the plaint serves as the foundation of a lawsuit, initiating proceedings and informing the court about the grievances of the plaintiff. Section 26 of the CPC states “Every suit must be instituted through a plaint”. The Code of Civil Procedure, 1908 (CPC) lays down detailed provisions regarding the plaint, its essentials, and its consequences.

This article examines the definition, essential elements, and procedural requirements of a plaint under the CPC along with information on how to file a plaint.

Definition of Plaint

A plaint is a written document submitted by the plaintiff that sets forth the cause of action, the facts constituting the claim, and the relief sought from the court. It is the first step in a civil suit and must comply with the procedural requirements prescribed under the CPC.

Though the CPC does not expressly define “plaint,” its interpretation can be derived from Order VI, Rule 1, which states:

“Pleading” shall mean plaint or written statement.

Thus, a plaint is a type of pleading that sets the stage for legal adjudication.

Relevant Provisions under CPC

The provisions governing the filing of a plaint are primarily found in Order VII of the CPC. These include:

Order VII, Rule 1 – Essentials of a plaint
Order VII, Rule 2 – When the plaintiff sues for money and is seeking a specific monetary amount from the defendant, the exact figure must be stated in the plaint. However, in cases where an exact sum cannot be determined- such as claims involving mesne profits or disputes over property, an estimated amount should be provided.
Order VII, Rule 3 – When the subject matter is immovable property, the plaint must include a clear and precise description of the property to ensure proper identification.
Order VII, Rule 7 – Relief to be stated specifically
Order VII, Rule 11 – Rejection of plaint
Order IV, Rule 1 – Institution of suits

Essential Elements of a Plaint

A valid plaint must contain the following essential elements:

1. Name of the Court: The plaint must specify the court where the suit is filed.

2. Parties to the Suit: The names and addresses of the plaintiff and defendant(s) must be clearly mentioned.

3. Cause of Action: The plaint must disclose a cause of action, i.e., the set of facts that give rise to a legal claim.

4. Jurisdiction of the Court: The plaint must state how the court has jurisdiction to hear the case.

5. Facts Supporting the Claim: The plaint should contain material facts in a sequential manner.

6. Relief Sought: The specific relief sought by the plaintiff must be clearly stated.

7. Subject Matter Value: Include a statement of the value of the subject matter for jurisdiction and court fee purposes.

Verification and Affidavit: The plaint must be verified and signed by the plaintiff or an authorized agent, as per Order VI, Rule 15.

Who Can File a Plaint?

A plaint can only be filed by the plaintiff, which is the person initiating a civil lawsuit in court.