Write notes on the following: Plaint structure
CS Professional · Drafting, Appearances and Pleadings · PYQS · June 2018
Write notes on the following: Plaint structure
Answer & Explanation:
A suit is instituted by filing a plaint, which is the first pleading in a civil suit. It is a statement of the plaintiff's claim and its object is simply to state the grounds upon, and the relief in respect of which he seeks the assistance of the court. Order VII of the Civil Procedure Code, 1908 deals with plaint. As per Order VII, R.1 CPC, every plaint must contain the following things: the name of the Court in which the suit is brought; the name, description and place of residence of the plaintiff; the name, description and place of residence of the defendant, so far as they can be ascertained; where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that effect; the facts constituting the cause of action and when it arose; the facts showing that the Court has jurisdiction; where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed or relinquished; and a statement of the value of the subject-matter of the suit for the purposes of jurisdiction and of court fees, so far as the case admits; the relief which the plaintiff claims; verification of the plaint.
Topics: Civil Procedure
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