Code of Civil Procedure, 1908 | Order 7 | Plaint
Order VII Rule 1 CPC - Particulars to Be Contained in a Plaint
Order VII Rule 1 of the Code of Civil Procedure, 1908 (CPC) sets out the basic information a plaintiff must include when instituting a civil suit by plaint. It helps the court identify the parties, understand the dispute, determine jurisdiction and assess the relief sought.
What is a plaint under the CPC?
A plaint is the pleading by which a plaintiff sets out a civil claim before a court. Under Order VI Rule 1, a pleading means a plaint or written statement. Order VI Rule 2 generally requires a concise statement of material facts rather than the evidence by which those facts will be proved. Section 26 and Order IV deal with institution of suits.
Order VII Rule 1 - Nine particulars required in a plaint
The following explains each statutory requirement in clauses (a) to (i) of Order VII Rule 1:
- (a) Name of the court. Identify the court before which the civil suit is instituted.
- (b) Plaintiff details. State the plaintiff's name, description and place of residence.
- (c) Defendant details. State the defendant's name, description and residence, as far as they can be ascertained.
- (d) Minor or person of unsound mind. Disclose if either party is a minor or a person of unsound mind; procedural safeguards may then apply.
- (e) Cause of action and date. Set out the material facts giving rise to the claim and when the cause of action arose.
- (f) Jurisdiction. State facts showing why the chosen court has territorial, pecuniary and subject-matter jurisdiction.
- (g) Relief claimed. Specify the decree or other relief sought from the court.
- (h) Set-off or relinquishment. Disclose any amount allowed as set-off or any part of the claim relinquished.
- (i) Valuation and court fees. State the subject-matter value for jurisdiction and court-fee purposes, as far as the case admits.
Read the authoritative text in the Code of Civil Procedure, 1908 - India Code (official PDF).
How to state the cause of action
The cause of action is the set of material facts which, if established, entitles the plaintiff to seek relief. A plaint should identify the relevant transaction or events, the defendant's alleged act or omission, and the date or period when the right to sue arose. This also assists with assessing limitation and jurisdiction. Merely stating legal conclusions without the underlying material facts may be insufficient.
Jurisdiction and valuation of the suit
Clause (f) requires facts establishing the court's jurisdiction. Depending on the suit, this may include the place where the defendant resides or carries on business, where the cause of action arose, or where immovable property is situated, subject to Sections 15 to 20 CPC and other applicable provisions. Clause (i) requires a statement of the suit's value for jurisdiction and court fees, which can involve different statutory valuation rules.
Relief claimed and supporting particulars
Under clause (g), the plaintiff should identify the precise relief requested, such as recovery of money, possession, declaration, injunction or damages. Order VII Rule 7 further addresses the statement of relief. For a money suit, Order VII Rule 2 generally requires the precise amount claimed, subject to specified exceptions. Where interest is claimed in a specified-value commercial dispute, Order VII Rule 2A requires additional details including the basis, rate and calculation of interest.
Other provisions relevant to drafting a plaint
- Order VI Rules 2, 14 and 15: material facts, signing and verification of pleadings.
- Order VII Rules 3 to 6: property description, representative capacity, defendant's interest and grounds of exemption from limitation.
- Order VII Rules 10 and 11: return of plaint to the proper court and rejection of plaint on specified statutory grounds.
- Order VII Rule 14: production or listing of documents relied upon by the plaintiff, subject to the applicable procedural framework.
- Limitation Act, 1963: the claim must satisfy applicable limitation rules; the relevant dates should be clearly pleaded.
Special requirements for commercial disputes
For commercial disputes of specified value governed by the Commercial Courts Act, 2015, modified CPC provisions may apply. Order VI Rule 15A requires verification through a Statement of Truth, and the substituted Order XI provides enhanced document disclosure requirements. The plaintiff should also check applicable rules concerning pre-institution mediation under Section 12A of the Commercial Courts Act and any relevant exceptions. These requirements do not automatically apply to every ordinary civil suit.
Official legislation: Commercial Courts Act, 2015 - India Code PDF.
Illustrative checklist before filing
- Identify the correct court and all necessary parties.
- State material facts chronologically, including the cause of action and relevant dates.
- Explain jurisdiction and the basis for valuation and court fees.
- Set out each relief sought and any set-off or relinquishment.
- Check limitation, signing, verification, supporting documents and applicable court rules.
Frequently asked questions
Is Order VII Rule 1 sufficient by itself to file a plaint?
No. It sets out core particulars, but a plaint must also comply with other applicable CPC provisions, court-fee and limitation laws, local procedural rules and any special statute governing the dispute.
What happens if the plaint does not disclose a cause of action?
Order VII Rule 11(a) provides for rejection of a plaint where it does not disclose a cause of action. The court applies the relevant legal test to the plaint's averments.
Must a plaint state both jurisdiction and court-fee valuation?
Yes. Clause (i) requires valuation for jurisdiction and court-fee purposes so far as the case admits, while clause (f) requires facts showing jurisdiction. The applicable valuation rules depend on the claim and governing law.
Legal information only. State amendments, local court rules and subsequent legislative changes should be checked for the particular proceeding.