When we were in Law School and Code of Civil Procedure was a subject, plaint, written statement and pleadings were the concepts most quickly grasped. The reason is that other topics of CPC were too complex to have a grip on. However, after completing Law School, those who enter Civil Court practice know that those simple topics to cram are too tricky in practice. And the best part is that as a Civil Lawyer, you cannot escape drafting pleadings in plaints and written statements. The interests of your clients totally depends upon how well the pleadings are drafted. If you are looking for how to draft a plaint effective enough to impress the Presiding Officer in the Court, we have addressed the same hereunder. Let’s walk through one step at a time and understand full context.
What is a Plaint?
A plaint is a legal document which initiates a claim in a Civil Court. It reflects the claims and grievances of the plaintiff and also specifies the legal provisions aligned with them. We can say that a plaint is the foundation stone of a Civil Suit. A lot depends upon a well drafted plaint. Therefore, knowing how to draft a plaint effectively is crucial for advocates dealing in civil matters.
Pre-Requisites of a Plaint
You should know the facts of the matter and also be confident about the approach you are going to follow for seeking relief for your client. The applicable legal provisions should be concrete and also the relief to be sought. A clear writing style always brings better drafts for an advocate.
How to Draft a Plaint in India?
- Name of the Court
The first and foremost aspect to be covered in a plaint is the Court wherein the civil suit is going to be filed. This depends more upon the jurisdiction of the Court.
- Details of the Parties
Have you ever been in a dilemma on how to draft a plaint without appropriate details of the parties? Don’t be! You should be sure of the name and postal address of your own client. You should also be very certain about the opposite party who will defend the suit. Hence, it is your duty as a legal professional to communicate with your client seeking the exact name and address of both the parties. While drafting the plaint, you also need to specify who is the plaintiff and who is the defendant. In case of more than two parties, names and address of all of them should be clearly mentioned.
While not a hard and fast rule, along with the name and address of the parties, you may mention the age, profession and name of one of the parents for identification of the person.
- Specify the Subject or Title of Suit
When in Court instituting a claim, you specify which rights of your client have been violated. You also need to specify the relief so claimed for your client. Hence, in the subject line, you must mention in concrete words the relief so prayed for before the Court of appropriate jurisdiction. The legal provision supporting the relief claimed should also be specified in the subject. For example, it may be suit for injunction, suit for recovery of money, etc.
- Pleadings
After mentioning the major aspects, the real answer to “how to draft a plaint” begins in the pleadings. It starts with introducing the Court with the cause of action. It starts with the basics of how the parties are connected to the matter in dispute, whether they have been business partners, employer-employee, neighbours to land in dispute, etc. You also need to specify in the pleadings how your client being the plaintiff enjoys some rights pertaining to the centre of dispute, whether it is a job, a particular amount of money, or a piece of land, as the case may be.
The information in the pleadings is recommended to be compiled in pointers. It should be accurate and very much focused on illuminating the cause of action. Speaking of how to draft a plaint more effectively, it is always important to mark the dates of specific and relevant events. Mostly, the beginning of pleadings is all about factual aspects, and the latter pointers sum up the relief sought from the Court invoking specific legal provisions. Any supporting document for the same has to be marked in chronology as Annexures.
- Court Fees and Valuation
Are you wondering what’s more important than knowing how to draft a plaint for Civil suit, it is the applicable Court fee and the valuation of matter for ascertaining the Court of suitable jurisdiction. Miscalculated Court fee may lead to rejection of suit even before it is listed or reaches the desk of appropriate Judge.
Check this for calculation of Court fees and valuation in Civil suit.
- Reliefs Claimed
This part may be included in the pleadings. However, legal professionals mostly prefer to segregate the part of relief to bring the same in highlights. It should specifically mention and reason for the relief sought from the Court. In case of money related suits, the amount claimed as well as the applicable interest should be specified.
- Verification
It is important for the plaintiff to verify in the plaint that the information so mentioned in the same has been accurate as per his/her personal knowledge. It also specifies the date and place of verification and duly signed by the plaintiff.
Sample Draft of a Plaint
Since you have been looking for information on how to draft a plaint in India, here we share some sample drafts taken up from an e-course of Jiwaji University (available on their website). Click here and you can find some sample plaints which can help you draft an effective plaint specific to the applicable legal provisions.
Salient Features of a Well-Drafted Plaint
- A plaint should state the facts in clarity, and not divulge much into evidence. That part comes later.
- The facts laid before the Court through the plaint should be in a very concise format.
- Unrelated facts should be mentioned in different paragraphs and numbered accordingly. You should know that the plaint is just another piece of writing which someone is going to read. Hence, it should be as clear, concise and easy to understand as possible.
- Any date, amount or numbers should be clearly specified, amount preferably in numbers as well as in words.
- The factual details depicting what gave rise to a cause of action should be express.
- The fact of Court having jurisdiction of the matter should be expressly mentioned in the pleadings.
- Payment of appropriate Court fee should also be specified.
- The specifications of relief should also be clear based on applicable provisions.
- The plaint should also accompany a verification duly signed by the plaintiff, testifying the facts mentioned in the same.
