plaint definition in cpc

We use cookies to enhance your experience on our website, including to provide targeted advertising and track usage. There should be a statement regarding the jurisdiction of the court. A statement regarding the date of cause of action. The signature of the plaintiff/ verifier, along with the date and the place, at the end of the plaint is essential. Although it hasn’t been defined in the CPC, it is a comprehensive document, a pleading of the plaintiff, which outlines the essentials of a suit, and sets the legal wheels up and running. 12 (2) CPC (2) Affidavit in support of Application U/S. 12(2) CPC (1) Agreement To Sell (1) and Permanent Injunction (1) Appeal U/S. A statement containing the value of the subject matter of the suit as admitted by the case. Complete guideline for drafting a plaint in Civil suit ORDER VII CPC| Explanation for preparing title of the plaint. ‘There was only one plaint in the District Court but two appeals in the Court of Appeal. Plaint under CPC: Particulars, Procedure, Admission & Rejection . Synopsis Minors cannot sue nor can be sued. A complaint. Then again, rejection of plaint happens just under Order VII Rule 11 of CPC. This argument will not be taken into consideration and the plaint will be allowed to stand. It is clearly explained and the content is very informative. The term ‘plead’ means to request or ask for something in a polite and humble manner. If you want to read a written statement then. the aggrieved party who states the material facts, reasons for filing the suit and what remedy or relief the aggrieved person is claiming through the legal proceedings. Plaint is the description of facts of the case and the exact amount being claimed along with any interest. The value of the subject matter of the suit must be stated properly for the purpose of the pecuniary jurisdiction of the court and court fees. Please see this for the theory part. plaint - WordReference English dictionary, questions, discussion and forums. (poetic or archaic) A lament or woeful cry. Suit for compensation for things like Defamation, Malicious Prosecution can be filed in the court as determined by Section 19 and 20 of CPC. ... That lovely metaphor has touched the common heart as few have done, and the solitary singer's plaint has fitted all devout lips. So if one of the parties is a minor or of unsound mind, it will have to be mentioned in the cause title. If there is more than one defendant, and if the liability is not joint, then the individual liability of each and every defendant must be shown separately. The relief claimed must be worded properly and accurately. In the same way, if there is more than one plaintiff and their cause of action is not joint, then too, the same has to be mentioned separately. This portion of the plaint must contain all the necessary and vital facts, which constitute the suit. Plaint definition: A plaint is a complaint or a sad cry . Order VII, Rule 10 states that the plaint will have to be returned in such situations where the court is u able to entertain the plaint, or when it does not have the jurisdiction to entertain the plaint. Pronunciation /plānt/ /pleɪnt/ noun. Plaint is defined in order 7 of CPC. How to use plaint in a sentence. Independence of the... You have entered an incorrect email address! Mediation The name of the court would be sufficient. This is divided into short paragraphs, with each paragraph containing one fact each. Every plaint shall comply with the rules of contained under Order VI and Order VII of the Code of Civil Procedure, 1908 so far they are applicable. This is the body of the plaint wherein the plaintiff describes his/ her concerns in an elaborative manner. What does that 'v' mean? Bentham's theory of law || Pleasure and Pain || Utilitarianism|. When the relief claimed is proper, but the plaintiff proceeds with the plaint on a paper which has not been stamped sufficiently and fails to do so even after the court’s instruction. For the purpose of the suit, the name, place, and description of the residence of both the plaintiffs and the defendants have to be mentioned in the particular plaint. Definition of plaint in English: plaint. Save my name, email, and website in this browser for the next time I comment. It is not necessary to mention the presiding officer of the court. plaint translation in French - English Reverso dictionary, see also 'plainte',plainte',plaît',plant', examples, definition, conjugation (v) Plaint should contain those facts, which have constituted cause of action. The title of the suit contains the reasons for approaching the court and the jurisdiction before which the plaint Is initiated. Henceforth, an order rejecting a plaint is appealable. • A plaint is pleading and should conform to the rules of pleading. The plaint must contain all facts that point out the pecuniary or territorial jurisdiction of the court. Plaint is defined in order 7 of CPC. Examples of plaint in a sentence, how to use it. The body of the plaint is divided into two further parts which are: The formal portion contains the following essentials.

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