Let’s take the scenario where you need to launch a lawsuit against someone because they violated your fundamental rights. The first thing a lawyer tells you to do after hearing about your situation is to file a “Plaint” in the local court of your jurisdiction, which requires your signature. This article will define “plaint,” explain its importance in a court of law, and describe how one forms a plaint.
Meaning of Plaint
A plaint is a Legal document created to launch a legal action in the appropriate court of law. It is a vital document because it is a means by which the plaintiff, the party who filed the Lawsuit, may express their claims and grievances towards the defendant (the party who is the target of the Lawsuit), in a court of law. Every litigation must be started by the presentation of a plaint or in any other method specified by law, according to Section 26 The Code of Civil Procedure, 1908 of which states that “Every action shall be commenced by the presentation of a plaint or in any other manner prescribed by law.”
The Constituents of a Plaint
Although the CPC never gave a clear definition of what a “plaint” is, it does offer us a decent sense of the elements that a plaint must include for us to understand its complete meaning. What must be included in the plaint document is outlined in Order VII Rule 1of the Code of Civil Procedure and is succinctly outlined below in a straightforward fashion.
- The personal details of the plaintiff and defendant ( name, description, and place of residence).
- A statement indicating whether the plaintiff or defendant is a juvenile or mentally incompetent must be provided.
- The circumstances comprising the case that gave rise to the action.
- evidence that the court where the lawsuit was filed has the necessary jurisdiction.
- The remedy that the complaint demands.
- Finally, if the plaintiff wants to allow a set of for the release of a portion of his claim, he must expressly state the amount thus released or which he has permitted as a set of.
- The valuation of the suit and the court expenses.
If the plaintiff wants to file a lawsuit, they must be sure to include all of these factors; if even one is lacking, the lawsuit would be rejected.
Drafting of a Plaint
Even if a plaint is a legal document whose preparation is entrusted to a professional, it is impertinent that the general public also understands what must be taken into consideration if one ever has to file a lawsuit in a court of law. Therefore, when drafting a complaint, the following points should be considered:
- You have to include the full of your claim in the plaint, if you fail to include or intentionally surrender any part of your claim, you will not be able to see you based on the relinquished section subsequently.
- If you are seeking recovery of money from the defendant, you should include the precise amount in your plaint.
- The plaintiff’s primary responsibility is to demonstrate that his lawsuit was filed on time, and they must always state the facts supporting their claim as well as the date on which it occurred.
- The entire details of the parties in the lawsuit that is the personal details of the plaintiff and the defendant should be provided appropriately.
- Section 15-20 of The Code of Civil Procedure, 1908 is of great importance when one has to consider in what court should the case be filed as per its competence and jurisdiction.
- Order VI Rule 14 makes it the responsibility of the plaintiff or the persons duly authorized by him ( if by reason of absence) to sign the pleading for the suit.
Thus all these details and procedures of a plaint application shall be duly considered before drafting the application and presenting it in the competent court.