Filing a Civil Plaint – CPC 1908

What is a Civil Plaint?

A Plaint is the written statement of claim filed by a plaintiff to initiate a civil suit.
It sets out:

• Facts of the case,
• The relief sought (decree, injunction, damages, etc.), and
• The legal basis for the claim.

In simple terms: A plaint = the foundation of a civil case.

🔹 Essentials of a Civil Plaint (Order VII CPC)

Order VII of CPC lays down what a valid plaint must contain:

1. Name of the Court where the suit is filed.
2. Name, description & place of residence of plaintiff(s) and defendant(s).
3. Facts constituting the cause of action (specific details of the dispute).
4. Jurisdiction (why the court has authority: pecuniary, territorial, subject matter).
5. Relief sought (declaration, injunction, possession, damages, etc.).
6. Valuation of the suit for court fee and jurisdiction purposes.
7. Verification by the plaintiff or authorized person.
8. Plaint must be signed by the plaintiff or advocate.

Without these essentials, the plaint can be rejected under Order VII Rule 11 CPC.

Steps in Filing a Civil Plaint

1. Drafting the Plaint – prepared carefully by the plaintiff/advocate.
2. Payment of Court Fee – based on valuation of the suit (Court Fees Act).
3. Annexure of Documents – supporting evidence (title deeds, agreements, receipts, etc.).
4. Vakalatnama – authorization by the client to lawyer.
5. Filing in Court – submitted in civil court registry.
6. Scrutiny by Court Registry – defects, if any, must be cured.
7. Numbering & Registration of Case – once accepted.
8. Issue of Summons to Defendant – court directs defendant to appear.

Important Points in Filing a Civil Plaint

• Ensure cause of action is clearly mentioned.
• State exact jurisdiction (territorial & pecuniary).
• Suit must not be barred by law (e.g., limitation period).
• Relief should be specific, not vague.
• Plaint must be verified properly.
• Attach all material documents and list them.
• Pay proper court fee.

Example

👉 If A (plaintiff) gave a loan of ₹5,00,000 to B (defendant), and B fails to repay,
A can file a money recovery suit by filing a plaint under Order VII CPC, seeking recovery of money with interest.

In summary:
A civil plaint is the starting point of a civil case, governed by Order VII CPC. Its correctness, drafting quality, and compliance with essentials decide whether the case even proceeds for hearing.