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.