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What is plaint in CPC?

Author

James Craig

Updated on February 14, 2026

What is plaint in CPC?

Plaint and Written Statement. A Written Statement made by the defendant or his representative, is the pleading of the defendant whereas he deals with every material fact alleged by the plaintiff.

Besides, what is a plaint in CPC?

Plaint under CPC: Particulars, Procedure, Admission & Rejection. A plaint is a legal document which contains the written statement of the plaintiff's claim. A plaint is the first step towards the initiation of a suit. In fact, in the very plaint, the contents of the civil suit is laid out.

Beside above, what particular a plaint should contain? Plaint should contain name of that court in which suit is brought. Plaint should contain name, description and residence of plaintiff. Plaint should contain name, description and residence of defendant. When plaintiff or defendant is minor or person of unsound mind, plaint should contain a statement to that effect.

Also asked, what is plaint law?

plaint. a statement in writing of grounds of complaint made to a court of law and asking for redress of the grievance. The exhibiting of any action, real or personal, in writing; the party making his plaint is called the plaintiff.

When can plaint be rejected?

An appellate Court , under this rule read with section 107 of CPC , before rejecting the plaint , must allow time to the plaintiff to supply the deficit court fee . If the plaintiff cannot pay the Court fee, Order 33 provides for continuing the suit as a indigent person.

What are the different types of pleadings?

Other common pleadings include counterclaims, cross claims and replies. As you can see, the types of pleadings are numerous – and we've only touched on some of the documents that are common to most civil cases.

What is Order 7 Rule 11?

The Court held that the plaint can be rejected under Order 7 Rule 11 CPC if the defendant is able to point out that any of the grounds which are mentioned in Rule 11 exists on the basis of the plaint averment. The petitioners could not point that there is any bar in entertaining the suit before the Trial Court.

What are the rules of pleading?

Four fundamental rules of pleading are; (1) Pleadings should state facts and not law; (2) The facts stated in pleadings should be material facts; (3) Pleadings should not state the evidence; and (4) The facts in pleadings should be stated in a concise form.

How many sections are there in CPC?

The Code of Civil Procedure, 1908 is a procedural law related to the administration of civil proceedings in India. The Code is divided into two parts: the first part contains 158 sections and the second part contains the First Schedule, which has 51 Orders and Rules.

What is difference between suit and plaint?

Litigation is referred to and means the pendency of legal proceedings before an appropriate court of legal. Plaint is referred to as the pleadings submitted by the plaintiff before the court in a suit.

What is a suit in law?

suit. n. generic term for any filing of a complaint (or petition) asking for legal redress by judicial action, often called a "lawsuit." In common parlance a suit asking for a court order for action rather than a money judgment is often called a "petition," but technically it is a "suit in equity." See also: lawsuit.

What is suit in CPC?

Ordinarily, suit under the CPC is a civil proceeding instituted by the presentation of a plaint. 3. Institution of Suit: the Provisions under the Civil Procedure Code, 1908: Section 26(1), CPC says that every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed.
Legal drafting is the composition of legal instruments such as contracts, deeds, wills and legislation. It is writing about law and legal matters, much as medical writing is writing about medicine. The subject matter of law, however, itself takes the form of writing.

What is difference between plaint and petition?

petitions are to obtain order of the court. plaint will result in determination of rights through a decree. IAs are also called miscellaneous petition in some HC (like cuttack). plaint helps in establishing legal rights, petition in enforcing already recognised legal rights.

What is drafting in law?

"Legal drafting" can mean the preparation of any written legal document--a motion, a letter, a brief, a memo, or a contract. Lawyers and law teachers use the phrase in this way all the time: "Draft a brief" or "draft a letter."

What are the grounds for rejection of plaint?

Rejection of plaint — The plaint shall be rejected in the following cases. (a) Where it does not disclose a cause of action – If the plaintiff does not discloses facts that give the plaintiff right to seek relief against defendant, the facts that are necessary to prove the damage caused to plaintiff.

What are the objects of pleading?

The object of pleading is to bring the parties to an issue and purpose of the rules relating to pleading is to prevent the issue beig enlarged. Further that the parties themselves know what are the matters in dispute and what facts they have to prove at the trial.

What is return plaint?

Power of court to fix a date of appearance in the court where plaint is to be filed after its return: Where in any suit, after the defendant has appeared, the court is of opinion that the plaint should be returned, it shall, before doing so, intimate its decision to the plaintiff.

What is pleading distinguish between plaint and written statement?

Plaint and Written Statement. A Written Statement made by the defendant or his representative, is the pleading of the defendant whereas he deals with every material fact alleged by the plaintiff. New facts are also added, if there are any from the side of the respondent.

What is drafting and pleading?

Drafting, pleading, and conveyancing are three common terms used in the law sector. Drafting refers to the writing of legal documents. Pleading refers to a legal document filed in a lawsuit. This can be a document pertaining to the initiation of litigation or a document in response to this initiation.

What is written statement in Indian law?

According to a legal dictionary, the term 'written statement' means a pleading for defence. In other words, a written statement is a reply of the plaint, in which defendant deny or admit each and every allegation or facts given in the plaint.

What is a written statement?

In legal dictionary, the word written statement means a pleading for defence. In other words, a written statement is the pleading of the defendant wherein he deals with every material fact alleged by the plaintiff along with any new facts in his favour or that takes legal objections against the claim of the plaintiff.

Who is an indigent person in CPC?

Explanation I to Rule 1 Order 33 states that an indigent person is one who is not possessed of sufficient amount (other than property exempt from attachment in execution of a decree and the subject-matter of the suit) to enable him to pay the fee prescribed by law for the plaint in such suit.

What is the difference between decree and order?

The primary difference between decree and order is that the decree is given in a suit, which determines the substantive legal rights of the parties concerned, the order is given in the course of proceedings, and determines the procedural legal rights of the parties concerned.

What is written statement of Defence?

Statement of Defence Definition: A defendant's written answer or reply to a statement of claim, admitting or denying each and every one of the facts contained in the statement of claim and alleging such facts as the defendant wishes to assert at trial in opposition to the plaintiff's case.

What is the difference between return of plaint and rejection of plaint?

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. It simply means that the court is not empowered to try the suit for which the plaint is filed.

What is plaintiff and defendant?

Plaintiff or Claimant in a Civil Lawsuit
The plaintiff is the person bringing a lawsuit to court, by filing a plea or motion. The other party in a lawsuit is the defendant or respondent (the one who responds). The defendant is the person being sued or the person against whom the complaint is filed.

Who are parties to a suit?

Parties include: plaintiff (person filing suit), defendant (person sued or charged with a crime), petitioner (files a petition asking for a court ruling), respondent (usually in opposition to a petition or an appeal), cross-complainant (a defendant who sues someone else in the same lawsuit), or cross-defendant (a

What do you mean by affidavit?

An affidavit is a type of verified statement or showing, or in other words, it contains a verification, meaning it is under oath or penalty of perjury, and this serves as evidence to its veracity and is required for court proceedings.

What is the drafting?

Drafting is the preliminary stage of a written work in which the author begins to develop a more cohesive product. A draft document is the product the writer creates in the initial stages of the writing process. In the drafting stage, the author: develops a more cohesive text. organizes thoughts.

How do you write a pleading?

Draft the body of the pleading.
  1. Number each paragraph if you are drafting an answer to the original complaint.
  2. Use double spacing for the entire body of the pleading.
  3. Capitalize, underline, and place in bold the headings for your pleading.
  4. Place page numbers at the bottom and in the center of each page.

Is interlocutory an application?

“Interlocutory application” means an application to the Court in any suit, appeal or proceeding already instituted in such Court, other than a proceeding for execution of a decree or order. Once an action has been commenced all subsequent applications are referred to as interlocutory applications.

What does it mean to file a petition with the court?

Petition. A written application from a person or persons to some governing body or public official asking that some authority be exercised to grant relief, favors, or privileges. A formal application made to a court in writing that requests action on a certain matter.

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