It is a settled law that if a person want justice must comes with clean hands. A person whose case is based on falsehood has no right to approach the Court. This basic principle of law must be in mind while drafting or preparing a plaint."It is well settled position of law that the whole object of pleading is to give fair notice to each party of what the opponent's case is, and to ascertain, with precision, the points on which the parties agree and those on which they differ, and thus to bring the parties to a definite issue. The purpose of pleading is also to eradicate irrelevancy. In order to have a fair trial it is imperative that the party should state the essential facts so that other party may not be taken by surprise. The parties thus themselves know what are matters left in dispute and what facts they have to prove at the proceeding and are thus given an opportunity to bring forward such evidence as may be appropriate. The main object of pleadings is to find out and narrow down the controversy between the parties. Contention which are not based on the pleadings cannot be permitted to be raised either at the time of arguments or at the appellate stage."The New India Assurance Co. Ltd. vs. Surender singh & others. (HC) UAD 2007, 423.
Order VI Rule 1 to 18 of civil procedure code deals with the pleading generally. Order VII rule 1 deals with the requirement of the plaint. It provides what particulars must be in the plaint.
For our convenience we can divide the plaint in three parts:
(1) The Heading and Title
(2) The Body
(3) The Relief
(1) The HEADING:- The plaint should begin with the name of the court in which the suit is brought, Rule 1 (a), Order VII
For example,
“In the court of district judge at Dehradun”.
After the name of the court, in the next line the number of the suit and the year to be written in the following manner,
“Suit No…………of 2013”, or
“Original Suit No…………..of 2013”.
Note:-place for number should be left blank, which will be filled by the court officials.
THE TITLE:- After the heading, title should be written as per Rule 1 (b), Order VII. It contains the name , description and place of residence of the plaintiff.
Note:- Plaintiff may be one or more and addresses may be different, true details of each of the plaintiff should be given. The word “Description” includes the name of father and other particulars of the plaintiff. The main purpose is to identify the plaintiff. The plaintiff may be minor or a person of unsound mind. A detailed statement regarding this must be given in the plaint (Rule 1 (d) Order VII), because a minor or insane person cannot sue or be sued. He can only sue or be sued through next friend (who may act as a next friend or be appointed guardian for the suit see Order XXXII Rule 1 and 4 CPC).Where there are several plaintiffs, a serial number should be given to each of them.
After the name of the plaintiff, name of the defendant or defendants should be written as per Rule 1(c), Order VII. And father’s name and place of residence of each of the defendant should be given , if there are several defendants, a serial number should be given to each of them.
Note:- Defendants against whom no relief is claimed may be added as Performa defendants and written in the last and a statement in this regard must be given in the plaint that why these persons or person added as Performa defendants.In case of minor defendant or a person of unsound mind, A detailed statement regarding this must be given in the plaint (Rule 1(d), Order VII.), because a minor or a person of unsound mind cannot be sue or sued. He can only sue or be sued through guardian ad litem, the Court shall appoint a proper person to be guardian for the suit for such minor under the procedure prescribed in Order 32, Rule 3.
Form of the title is given below:
The forms are given in Appendix A of the Code of Civil Procedure. Order 6 Rule 3 provides, the forms in appendix A when applicable, and where they are not applicable forms of the like character, nearly as may be, shall be used for all pleadings. These forms shows that a statement as to when the cause of action arose and the court has jurisdiction may be written jointly in one paragraph.
General:-
1.“A B, son of ……………………r/o………………………..
2…………
3…………
Plaintiffs".
Versus
1.“C D, son of…………………………..r/o………………………
2…………
3………….
Defendants".
In case of minor and unsound mind person,
1.”A B, son of………………………r/o………………………, a minor, by C D, son of………………………….r/o……………….his next friend…………
2………………
3……………..
Plaintiffs.”
versus .
1. E F, son of……………………r/o…………………………, a minor, through his guardian GH, son of……………………r/o…………..................., appointed by the order of the court (name of the court etc )
Defendant.”
Or
In case of a Joint Hindu Family:
1.“A B, son of ……………………….., r/o…………………………., as manager (Karta) of a Joint Hindu Family.”
Or
In case of representative suit:
1.”A B, son of…………………….., r/o……………………………………….., suing on behalf of himself and of all the Sikh resident of the village…...(name of the village)……….”
Or
In case of Trust
1. “A B, son of…………………………, r/o ……………………………………………., managing trustee Kalumal dharmshala etc”
2. The Body.
This is the most important part of the plaint. It can be divided into short paragraph. All the facts related to the claim of the plaintiff must be written here in details. Order VII, Rule 1 (e) requires that the plaint shall contain “the facts constituting the cause of action and when it arose”. Basically it contains two part, under the first part of this clause are all the facts, on the basis of which plaintiff claims his case, in other words each and every fact which is necessary for the plaintiff to prove to enable him to get a decree should be set out in clear terms and in the second part of the clause is “when cause of action arose.”? It is related to the date of cause of action.The meaning and definition of the cause of action is given in side bar of the page under the heading NOTES.
Date of Cause of Action: The exact date of the cause of action as far as possible should be given in the plaint. Where, however, the exact date is not known, plaintiff can mention the near about date when cause of action accrued. The main object to mention the date of cause of action is to ascertain whether the suit is within limitation or not.
Jurisdiction: Section 15, 16, 17, 18, 19 and 20 of the civil procedure code lay down the rules for the purpose of jurisdiction. Section 15 provides "every suit shall be instituted in the court of the lowest grade competent to try it". Section 16 provides the provision regarding institution of suit of immovable property and for the recovery of movable property actually under distraint or attachment, it says all the suits relating to immoveable property or for recovery of movable property under distraint or attachment shall be instituted in the court within the local limits of whose jurisdiction the property is situate, subject to the pecuniary or other limitations prescribed by any law.
Provided that a suit to obtain relief respecting , or compensation for wrong to, immovable property held by or on behalf of the defendant, may where the relief sought can be entirely obtained through his personal obedience be instituted either in the Court within the local limits of whose jurisdiction the property is situate, or in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or personally works for gain.
Explanation.- In this section “property” means property situate in India.
Where the immoveable property is situate within jurisdiction of different courts, the suit may be instituted in any court within the local limits of whose jurisdiction any portion of the property is situate. (see section 17 of the code.)
In case, where local limits of jurisdiction of Courts are uncertain, sub section (1) of Section 18 of the code provides, "where it is alleged to be uncertain within the local limits of the jurisdiction of which of two or more Courts any immovable property is situate, any one of those courts may, if satisfied that there is ground for the alleged uncertainty, record a statement to that effect and thereupon proceed to entertain and dispose of any suit relating to that property, and its decree in the suit shall have the same effect as if the property were situate within the local limits of its jurisdiction :
Provided that the suit is one with respect to which the court is competent as regards the nature and value of the suit to exercise jurisdiction".
Suits for compensation for wrongs to person or movable--Section 19 of the Code provides “Where a suit is for compensation for wrong done to the person or to movable property, if the wrong was done within the local limits of the jurisdiction of one Court and the defendant resides, or carries on business, or personally works for gain, within the local limits of the jurisdiction of another Court, the suit may be instituted at the option of the plaintiff in either of the said Courts.
Illustrations
(a) A, residing in Delhi, beats B in Calcutta. B may sue A either in Calcutta or in Delhi.
(b) A, residing in Delhi, publishes in Calcutta statements defamatory of B. B may sue A either in Calcutta or in Delhi".
Other suits to be instituted where defendants reside or cause of action arises—Section 20 of the Code provides “Subject to the limitations aforesaid, every suit shall be instituted in Court within the local limits of whose jurisdiction—
(a) the defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain; or
(b) any of the defendants, where there are more than one, at the time of the commencement of the suit actually and voluntarily resides, or carries on business, or personally works for gain,
Provided that in such case either the leave of the Court is given, or the defendants who do not resides, or carry on business, or personally work for gain, as aforesaid, acquiesce in such institution; or
(c) the cause of action, wholly or in part, arises.
[Explanation].—A corporation shall be deemed to carry on business at its sole or principal office in India or, in respect of any cause of action arising at any place where it has also a subordinate office, at such place.
Illustrations
(a) A is a tradesman in Calcutta, B carries on business in Delhi. B, by his agent in Calcutta, buys goods of A and requests A to deliver them to the East Indian Railway Company. A delivers the goods accordingly in Calcutta. A may sue B for the price of the goods either in Calcutta, where the cause of action has arisen or in Delhi, where B carries on business.
(b) A resides at Simla, B at Calcutta and C at Delhi. A, B and C being together at Benaras, B and C make a joint promissory note payable on demand, and deliver it to A. A may sue B and C at Benaras, where the cause of action arose. He may also sue them at Calcutta, where B resides, or at Delhi, where C resides; but in each of such these cases, if the non- resident defendant object, the suit cannot proceed without the leave of the court.
Court fee : Court fees are payable according to the provision of THE COURT FEES ACT, 1870
Relief :
(a) ........................................................
(b) ........................................................
(c) ..........................................................
Note:- When there is no prayer for a particular relief and no pleadings to support such a relief, and when defendant has no opportunity to resist or oppose such a relief, if the court considers and grants such a relief, it would lead to miscarriage of justice. Thus it is said that no amount of evidence, on a plea that is not put forward in the pleadings, can be looked into to grant any relief.
“that a case not specifically pleaded can be considered by the court only where the pleading in substance, though not in specific terms, contain the necessary averment to make out a particular case and the issues framed also generally cover the question involved and the parties proceed on the basis that such case was at issue and had led evidence thereon. As the very requirement indicate, this should be only in exceptional cases where the court is fully satisfied that the pleading and issues generally cover the case subsequently put forward and that the parties being conscious of the issue, had led evidence on such issue. But where the court is not satisfied that such case was at issue, the question of resorting to the exception to the general rule does not arise”.
“It is fundamental that in a civil suit, relief to be granted can be only with reference to the prayers made in the pleadings. That apart, in civil suits grant of relief is circumscribed by various factors like court fee, limitation, parties to the suits, as also grounds barring relief, like res judicata, estoppels, acquiescence, non-joinder of cause of action or parties etc., which require pleading and proof. Therefore, it would be hazardous to hold that in a civil suit whatever be the relief that is prayed, the court can on examination of facts grant any relief as it thinks fit. In a suit for recovery of Rs. One Lakh, the court cannot grant decree for Rs. Ten lakhs. In a suit for recovery possession of property ‘A’, Court cannot grant possession of property ‘B’. In a suit praying for permanent injunction, court grant a relief of declaration or possession. The jurisdiction to grant relief in a civil suit necessarily depends on the pleadings, prayer, court fee paid, evidence let in, etc.”
Bachhaj Nahar versus Nilima Mandal and others.2009 (1) SCCD 220, ( also see Bhagwati Prasad v. Shri Chandramaul, AIR 1966 SC 735. , Ram Sarup Gupta (Dead) by L.Rs. v. Bishun Narain Inter College, AIR 1987 SC 1242 ).
Pleading to be signed : Order 6 Rule 14 C.P.C. provides every pleading shall be signed by the party and his pleader( if any ) :
Provided that where a party pleading is, by reason of absence or for other good cause, unable to sign the pleading, it may be signed by any person duly authorized by him to sign the same or to sue and defend on his behalf.
Verification of Pleadings: Order VI Rule 15 C.P.C. provides the mode of Verification of Pleadings
(1) Save as otherwise provided by any law for the time being in force, every pleading shall be varied at the foot by the party or by one of the parties pleading or by some other person proved to the satisfaction of the court to be acquainted with the facts of the case.
(2)The person verifying shall specify, by reference to the numbered paragraphs of the pleading, what he verifies of his own knowledge and what he verifies upon information received and believed to be true.
(3) The verification shall be signed by the person making it and shall state the date on which and the place at which it was signed.
(4) The person verifying the pleading shall also furnish an affidavit in support of his pleadings.
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NOTES:- CAUSE OF ACTION--
"A cause of action means every fact, which if traversed, it would be necessary for the plaintiff to prove in order to support his right to a judgment of the court. In other words, it is a bundle of facts which taken with the law applicable to them gives the plaintiff a right to relief against the defendant. It must include some act done by the defendant since in the absence of such an act no cause of action can possibly accrue. It is not limited to the actual infringement of the right sued on but includes all the material facts on which it is founded. It does not comprise evidence necessary to prove such facts, but every fact necessary for the plaintiff to prove to enable him to obtain a decree. Everything which if not proved would give the defendant a right to immediate judgment must be part of the cause of action. But it has no relation whatever to the defence which may be set up by the defendant nor does it depend upon the character of the relief prayed for by the defendant." A.B.C. Laminart Pvt. Ltd & Am: vs. A.P. Agencies Salem (1989) 2 SCC 163.
The "cause of action" is a bundle of facts which taken with the law applicable to them gives the plaintiff the right to relief against the defendant. Every fact which is necessary for the plaintiff to prove to enable him to get a decree should be set out in clear terms. It is worthwhile to find out the meaning of the words "cause of action". A cause of action must includes some act done by the defendant since in the absence of such an act no cause of action can possibly accrue.Church of Christ Charitable Trust & Edu. Versus M/S Ponniamman Education, Trust 2012 (2) UAD 362