Plaint in Civil Suit

INTRODUCTION:

Hello everyone, in this article we will understand about the role of plaint in civil suit. First of all we have to understand that civil suit is filed to get the remedy form the court of law for the violation of certain rights that has been provided by the statutes or law formed by the legislature. 

There are certain statutes that confer some substantive rights on us, and when these substantive rights is violated by someone else, it generate the cause of action, and for injury that we suffered by such violation, we can file a civil suit.  

ROLE OF PLAINT IN CIVIL SUIT:

Role of plaint is essential, once we decide to file a civil suit. The person who files the suit is called Plaintiff and one who defend the suit is defendant. Plaintiff prepares the plaint with the help of his advocate, lawyer, or attorney. In a plaint, Plaintiff mention all the incidents where his substantive right is violated by defendant and because of that plaintiff suffers injury. In short, the plaint should consist of all relevant facts which give rise to cause of action. 

HOW TO PREPARE A PLAINT:

One should be very careful while preparing the Plaint as it represent what relief we need, why we need, and whether we are eligible for it according to law or not. There are certain rules that we should take care of. 

In India, Civil procedure code 1908 deals with the Procedure that a court has adopted and in that code we can see reference about Plaint. As order 6 of CPC deals with pleadings. Pleading consist both Plaint and Written statement. Rule-1 of order 6, make it clear to some extent that how we should mention our facts in plaint. 

RULE TO PREPARE PLAINT:

The plaint must be prepared in accordance with Rule 1 of Order 6. Some important point are given below:-

1- Every Plaint should consist of statement in a concise form.

2- Plaint should contains only material facts.

3- Plaintiff shall setup his claim on these material facts.

4- Plaint should not consist of Evidence by which plaintiff want to prove his facts.

5- Every Plaint, if necessary, be divided in paragraphs and number consecutively.

6- Each allegations, so far as convenient, contained in separate paragraph. 

7- Dates, sums and numbers shall be expressed in pleading in figures as well as words. 

8- Plaint to be signed by Plaintiff and his advocate/lawyer/attorney. 

9- Paragraphs in plaint to be verified by Plaintiff/advocate/lawyer/attorney.

13-Plaint should avoid unnecessary, scandalous, frivolous or vexatious facts or which causes prejudice, embarrass or otherwise causes abuse of the court.

CONCLUSION:

once a Plaint is prepared, it is to be submitted to the court of law in order to get the remedy of violated right. Once Plaint filed, the court provide 30 days to the defandant to submit his part but if defandant does not submit it within a given time, the time may be extended for further period but in no case more than 90 days. Although, procedure of civil suit is whole togather a different topic, which we will talk about in different article. As this article was mainly focused to Plaint. 

Important Principles of Drafting, Pleadings and Conveyancing

 

INTRODUCTION:

Hello everyone, today we are going to discuss about certain principles of good drafting, pleadings and conveyancing. whenever we draft a document it is very much essential for us to draft a document in such a way that it will impact the reader in positive way, but the question is how we can do that?

This article will help you to understand and identify these principles and by applying these principles you will be able to differentiate between relevant part that you have to mention in your draft and the irrelevant part that you have to avoid. 

This article will help you to grow overall skills of drafting a document. so let us begin. 

DRAFTING: Drafting a document or a draft is a process where you mention all relevant facts which was arises form cause of action and which opens the door to approach for remedy of the court of law. 

Drafting are of two type, criminal and civil. In civil drafting there are certain documents that we have to draft such as, Plaint, Written statement, Writs, Petitions etc. 

 

 

5 RULES OF DRAFTING:

There are 5 basic rules that everyone should keep in mind while drafting these documents:

1- CONCISE: Drafting is not always about bulky lengthy and numerous documents, if you can explain all relevant facts in much more concise way it will strike a positive impact on readers mind. And it is much more easier for reader to understand it and it makes there task less lethargic.

 

2- CLARITY: You can only make your point clear to the reader if you yourself has the clarity about things that you want to convey to the reader. It is most important for you to be clear about the facts which you want to convey to the court of law. 

 

3- AVOID MISTAKES: It would be worse to commit mistake in a draft, it leads to a negative impact on readers mind, although it is a minor one and sometimes it happens that even if we are aware about it still it happens. So, be sure to read it with full awareness so that you can avoid it. 

 

4-COURTESY: While we draft a document we mostly consider to have an attacking side, to strike the opposite party with allegations and how they violated our rights but one should keep in mind, to do this we may not lead to affect the courtesy of the court. And also when we allege one this in a decent way the opposite party is much more interested in listening and understanding our part. 

 

5-LOGICAL ARRANGEMENT: The most important thing while drafting a document is to differentiate paras of document in such a way that each para shows separate individual facts in a complete manner and these paras should be arranged in such a way that as whole they complete the entire sense of what we want to convey to the reader. 

 

CONCLUSION:

As it is very important for advocates, lawyers, attorneys to draft documents in day to day life, this article would be helpful for them to have a better approach toward drafting, pleading and conveyancing. Even students who are pursuing law found it much more easier to understand these basic 5 Rules of Drafting. Once, you apply these principles it will enhance your ability to draft a document in much more articulative manner.