Introduction

Every civil suit begins and stands on the strength of one document—the plaint. It is not merely a formality or a narrative of facts, but the foundation of the entire civil proceeding.

Order VII of the Code of Civil Procedure, 1908 (CPC) prescribes what a plaint must contain, how it should be structured, and the consequences of non-compliance. Courts repeatedly emphasise that a defective plaint can lead to rejection of the suit without trial, irrespective of the merits of the claim.

This article explains:

• what a plaint is,

• the mandatory requirements under Order VII CPC,

• and the most common drafting mistakes that lead to rejection or delay.

1. What Is a Plaint?

A plaint is the written statement of claim by which a plaintiff sets out:

• the facts constituting the cause of action,

• the reliefs sought from the court,

• and the basis on which the court’s jurisdiction is invoked.

In simple terms, the plaint answers:

Who is suing whom, for what relief, on what facts, and before which court.

2. Statutory Framework – Order VII CPC

Order VII CPC governs:

• the contents of a plaint,

• the reliefs to be claimed,

• and the grounds on which a plaint may be rejected.

Compliance with Order VII is not optional. Courts treat it as mandatory procedural law.

3. Essential Contents of a Plaint (Order VII Rule 1)

A plaint must contain the following material particulars:

(a) Name of the Court

The plaint must clearly state the court before which the suit is instituted, reflecting proper jurisdiction.

(b) Description of Parties

Names, addresses, and status of the plaintiff and defendant must be clearly stated to enable effective service of summons.

(c) Facts Constituting the Cause of Action

The plaint must disclose material facts, not evidence. The cause of action must be:

• clear,

• complete,

• and intelligible.

(d) Jurisdictional Facts

Facts showing how the court has:

• subject-matter,

• territorial, and

• pecuniary jurisdiction.

(e) Relief Claimed

Reliefs must be:

• specific,

• properly worded,

• and consistent with the cause of action.

(f) Valuation and Court Fees

The plaint must state:

• the value of the suit for jurisdiction, and

• the value for court fees.

(g) Verification

The plaint must be signed and verified in accordance with procedural rules.

4. Cause of Action – The Heart of the Plaint

The cause of action is the bundle of essential facts that give the plaintiff the right to sue.

Key points:

• Absence of cause of action is fatal.

• Courts look only at the plaint, not the defence, to test it.

• Clever drafting cannot substitute missing facts.

If no cause of action is disclosed, the plaint is liable to rejection.

5. Reliefs – Drafting with Precision

Reliefs must flow logically from the facts pleaded.

Common issues include:

• vague or omnibus reliefs,

• contradictory prayers,

• reliefs barred by law,

• omission of consequential reliefs.

Courts do not grant reliefs not pleaded in the plaint.

6. Valuation and Court Fees – Not a Clerical Exercise

Incorrect valuation is a frequent defect.

Courts examine whether:

• valuation is bona fide,

• court fees are sufficient,

• undervaluation is intended to choose a particular forum.

Improper valuation may lead to return or rejection of the plaint.

7. Rejection of Plaint – Order VII Rule 11 CPC (Overview)

A plaint may be rejected where:

• it does not disclose a cause of action,

• the relief is barred by law,

• insufficient court fee is paid and not corrected,

• the suit is barred by limitation on the face of the plaint,

• the plaint is not filed in duplicate (where required).

Rejection of plaint terminates the suit at the threshold.

8. Common Drafting Errors in Plaint

Some recurring mistakes include:

• narrating evidence instead of material facts,

• mixing arguments with pleadings,

• vague jurisdiction clauses,

• improper verification,

• copying pleadings without case-specific tailoring.

These errors weaken the plaint and invite objections.

9. Practical Importance for Litigants and Corporate Clients

For Litigants

• A clear plaint helps the court understand the dispute early.

• It avoids unnecessary objections and delays.

For Corporate Clients

• A well-drafted plaint defines litigation strategy.

• Poor drafting increases risk and cost exposure.

For Advocates

• Drafting a plaint is a professional skill.

• Courts often assess a lawyer’s competence from the plaint itself.

Conclusion

Order VII of the Code of Civil Procedure ensures that civil litigation begins on a clear, structured, and legally sound footing. A plaint is not just the starting document—it shapes the entire course of the suit.

Understanding the essential contents of a plaint and avoiding common drafting errors is indispensable for anyone involved in civil litigation. In many cases, the fate of the suit is decided not at trial, but at the stage of scrutiny of the plaint itself.

📌 Frequently Asked Questions (FAQs)

Q1. Can a plaint be rejected without trial?

Yes. If it suffers from defects under Order VII Rule 11 CPC.

Q2. Does the court look at the defence while examining the plaint?

No. Only the averments in the plaint are considered.

Q3. Is cause of action the same as evidence?

No. Cause of action consists of material facts, not proof.

Q4. Can defects in a plaint be cured later?

Some defects are curable; fundamental defects may not be.

Q5. Why is plaint drafting so important?

Because it lays the foundation of the entire civil suit.