SEKAR REPORTER

Court News from Madras High Court

PLAINT LIFELINE OF LITIGATION

by ·

PLAINT LIFELINE OF LITIGATION

  1. Filing of Plaint opens the door for civil litigation. Section 26 of the Civil Procedure Code states that a Suit is initiated by presentation of plaint and Clause 2 will state that in every plaint, facts shall be proved by affidavit. This should be read in consonance with Order IV of the Code which will state that Plaint shall comply with Order VI and Order VII and will further state that unless the plaint is presented in accordance with Sub-Rules 1 and 2 of Rules (1), the suit is not deemed to be instituted.
  2. Order VI will state that Pleadings shall state material facts and not evidence. One will immediately recollect the Judgement of the Madras High Court where guidelines issued to number the plaint, which contains a specific guideline that documents need not be insisted at the time of filing, Please see 2021 (4) CTC 539. Plaint shall state necessary particulars and further and better statement of particulars shall be stated to decide the rights of the parties. The plaint shall also state the events which shall be a condition precedent to seek performance and Under Rule 7, no pleadings shall be accepted, new ground of claim or allegations inconsistent with previous pleadings, except by way of amendment. This is more so, when it is rule of pleadings that suit fails due to inconsistent pleading. Garre Mallikharjuna Rao (D) by L.Rs. and Ors. Vs. Nalabothu Punniah – (2013) 4 SCC 546; Also see Ganesh Prasad Vs.Rajeshwar Prasad and ors. – 2023 INSC 228. The suit is also liable to be dismissed for Inconsistent relief. It is required that the pleadings to show malice, knowledge etc., implied contracts or relationship as well as presumption of law has to be specifically pleaded with material particulars. It is required that Plaint is signed by parties though one may laugh on reading this sentence, but it is basic that the Plaint shall be signed in all pages and in the places as required. But absence of signature in one or few places only makes it irregular and not improper.

2

  1. When we look at Order VII it will state the particulars to be stated in the plaint and how particulars of the transaction in money suit and details of property in suit for immovable property to be stated and also about the representative interest if any in which the plaint is filed and what is the interest of defendant, exemption of any claimed and relief sought for. It is also basic that the plaintiff shall seek all relief under one cause and failure to claim will bar him from filing fresh suit. Plaint shall contain statement of documents and all documents based on which the plaint is filed shall be filed along with the plaint, though it is not mandatory, but Order VII Rule 14 states that documents relied on by the Plaintiff shall be produced with the plaint and any other documents can be produced only with leave of Court at a later stage.
  2. Plaint shall state that it is not barred under any Law and how it is within limitation. Though what is stated above is very basic, without this, it will not be gain said to cover the topic Plaint is lifeline of civil litigation.
  3. Plaint shall be filed in the lowest Court having jurisdiction over the Subject -Section 15 CPC. This is to provide the maximum benefit of exhausting remedies available to the parties under the Code in a fair manner. Section 16 to 20 will deal about the territorial Jurisdiction for filing the suit. Section 120 will state 16, 17 and 20 will not apply to Original Side of High Court in view of Letters Patent. We file plaint under Order IV of O.S. Rules read with Order VII CPC in Original Side of High Courts. For Commercial Courts, after the introduction of Section 12-A, pre mediation is compulsory unless emergency in approaching the Court is shown to file the Plaint without the process of mediation.
  4. The topic gains prominence, when Court have repeatedly held that only Plaint and documents shall be read to reject plaint and the averments in plaint is deemed to be true. So, for the Court to deem that the averments made in plaint is true, one has to comply with the provisions of Order VI and Order VII. A.C.Muthiah Vs. Board of Control for Cricket in India & ors – 2011 INSC 337
    3
  5. Plaint determines Pecuniary and territorial Jurisdiction of the Court. The Court fees is determined on the basis of suit averments and the relief claimed. We also normally argue that the plaint is directed against the particular person and therefore plaintiff being dominus litus decides who shall be party to the suit. But we also know that the Court has inherent power under Order 1 Rule 10 (2) of the Code.
  6. When we say the Plaint is lifeline of litigation, we admit that Plaint determines the lis between the parties. Courts had always leaned upon reading of entire plaint to grant relief. Velayudam & ors Vs. Mohammed Kutty & ors. 2017 INSC 359;
  7. That is why we basically argue that the plaintiff has to win or lose on the basis of his own pleadings. Further it is mandatory, the plaintiff pleads about the readiness and Willingness in the plaint through his pleadings as per the amended Section 16 of the Specific Relief Act. For various forms of plaint, please see Appendix A- No.1 to 49 in Code of Civil Procedure.
  8. As original side and appellate side lawyer, we always face with situations where we cannot speak more than what is pleaded as in the absence of pleadings, no evidence can be let in and evidence if any let in, is also of little relevance without pleadings. Plaint therefore shall contain material particulars that leads to the rights of the parties, the Lis and the relief that is to be granted including how the relief as claimed is not barred.
  9. In a suit for injunction, one has to satisfy themselves that they are outside the purview of Section 41 of the Specific Relief Act. It will also be prudent to include the prayer for declaration while filing a suit for injunction, if there is even a faint denial of title prior to the filing of suit.
  10. When we author a plaint, we place ourselves challenge to portray the rights of parties to get a definitive result to the litigation. When the plaint fails, the litigation fails, there are exceptions to this rule, though minimal.
    4
  11. Like wise a poorly drafted plaint faces immediate threat of Order VII Rule 11. I should also admit that very well drafted plaint also faces the test of Order VII Rule 11, but there is very little possibility for it to be struck down. The Court while testing the plaint, normally will be reluctant to reject or strike the plaint, as the law of reading the plaint is that the averments in plaint are deemed to be true. Best draft always stands the test of scrutiny and poor draft lets the client down. Plaint therefore is the lifeline of litigation.
    Article written by G.Surya Narayanan, Advocate, Madras High Court, assisted by S.Adhiti, 2nd year student, VITSOL.

You may also like...