NECESSARY CONTENTS OF PLAINT AND GROUNDS FOR ITS REJECTION WITH CASE LAWS

By Adv. SUDHEESH S KUMAR

A Plaint is a legal document that contains the content of any civil suit which shows the Plaintiff’s claim after filing suit. The plaint is the first step of the Plaintiff in the form of a legal document for the commencement of suit and it shows what a Plaintiff wants from that suit.

Through the help of plaint, the plaintiff narrates or describes the cause of action and related information which is considered to be essential from the viewpoint of the suit.

In the case of the plaint, the cause of action consists of two divisions, first is the legal theory (the factual situation based on which the plaintiff claims to have suffered) and the second is the legal remedy that the plaintiff seeks from the court. 

A plaint is considered an important concept because it is the foremost and initial stage to initiate any lawsuit and helps to find a civil court of appropriate jurisdiction.

Section 26 of the Code of Civil Procedure states “Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed.” This section clearly shows that plaint is very much necessary for the establishment of a suit before the civil or commercial court.

Order VII of the Code of Civil Procedure deals, particularly with the plaint. In Order VII of CPC, there are many different rules which deal with different constituents of the plaint. 

Rules 1 to 8 deal with the particulars of the plaint. Rule 9 of CPC deals with how the plaint will be admitted and after that Rule 10 to 10-B talks about the return of the plaint and the appearance of parties. And the main Rules i.e 11 to 13 deal with the rejection of the plaint and in which circumstances the plaint can be rejected.

Necessary Contents of A Plaint :

A plaint is a legal document that contains a lot of necessary contents in the absence of which, it cannot be considered as plaint. The contents necessary for a plaint are mentioned in Rules 1 to 8 of Order VII of CPC.

These are mentioned below:

1. Plaint should contain the name of the commercial or civil court where a suit will be initiated.

2. Plaint should contain details of the plaintiff such as the name, address, and description.

3. Plaint should contain the name, residence, and description of the defendant.

4. When a plaintiff has some defects or problems in health or any type of disability, the Plaint should contain a statement of these effects.

5. Plaint should contain the facts due to which cause of action arises and where the cause of action arises it should also be mentioned.

6. Plaint should not only mention facts due to to which cause of action arises but also those facts which help in recognizing the jurisdiction.

7. Plaint should also contain about that relief which the plaintiff seeks from the court.

8. When the plaintiff is ready to set off a portion of his claim, the Plaint should contain that amount which has been so allowed.

9. Plaint should contain a statement of the value of the subject matter of suit not only for the purpose of jurisdiction but also for the purpose of court fees.

10. At last, the content that should be on plaint is the plaintiff's verification on oath.

This shows that the plaint is a necessary component for the successful initiation of suits in commercial or civil courts and plays a very important role throughout the suit. 

Some additional particulars which were not mentioned above include the following: 

Plaintiff shall state the exact amount of money to be obtained from the defendant as given under Rule 2 of order VII whereas Rule 3 of order VII of CPC states that when the plaint contains subject matter of immovable property, then the property must be duly described.

Rejection of plaint

The Plaint shall be rejected in certain situations when requirements are not fulfilled. Some of the situations in which the plaint is rejected are as follows:

The plaint is rejected in a case where the cause of action is not disclosed. If the cause of action is not disclosed then it is not possible to prove the damage caused to the plaintiff. To seek relief against the defendant, the facts need to be mentioned clearly.

In the case of Snp Shipping Service Pvt. Ltd. v. World Tanker Carrier Corporation, the plaint was rejected and the suit dismissed under Order 7, Rule 1(a) of the C.P.C.,1908.

The plaint is also rejected in a case where the plaintiff's relief is undervalued and the plaintiff is requested by the court to correct the valuation within the given time frame but the plaintiff fails to do so.

The plaint is rejected in a case where all the documents are not properly stamped and the plaintiff on being required by the court to supply the required stamp paper within a time to be fixed by the court fails to do so.

The plaint is mostly rejected due to the statement mentioned in the plaint secured by any law or statute that doesn’t give any right to the plaintiff to file the suit.

When a duplicate copy of the plaint is not submitted whereas it is mentioned that it is mandatory to submit the duplicate copy then in that condition plaint is liable to be dismissed.

The plaint is rejected when the plaintiff fails to comply with the provisions of Rule 9 of Order VII of C.P.C.

Provisions on the Rejection of Plaint under C.P.C.

Some of the provisions regarding the rejection of a plaint are mentioned below:

Order VII Rule 12 of C.P.C states the procedure for rejecting the plaint so that it can be used as a precedent for future cases.

Order VII Rule 13 of C.P.C states that rejection of the plaint does not stop the presentation or filling of the fresh plaint.

Two modes which are mentioned to show the manner in which the plaint can be rejected:

The defendant has the right to file an application in the form of an interlocutory application at any stage of proceedings for the rejection of the plaint.

Suo moto (on its own): The meaning of the suo moto itself defines the way of rejection of the plaint. Suo moto rejection is under Order 7 Rule 11 which states Rejection of the plaint. A court can itself try a suit under Order 7 Rule 11 if the plaint fulfills the conditions discussed in the first point.

Landmark Cases on Rejection of Plaint.

Kalepur Pala Subrahmanyam v Tiguti Venkata: In this case, it was said that a plaint cannot be rejected in part and retained part under this rule. It must be rejected as a whole and not with the rejection of one part and acceptance of another. This judgment is considered as a landmark judgment on the rejection of the plaint.

Sopan Sukhdeo Sable v. Asstt. Charity Commr.: In this case, it was held that where the suit was at the stage of recording of evidence and an application under Order 7 Rule 11 of the code was filed to delay the proceedings of the suit, the application under Order 7 rule 11 of the code was rejected.

Bibhas Mohan Mukherjee v. Hari Charan Banerjee: In this case, it was held that an Order rejecting a plaint is a decree and hence it is applicable and binding in other cases which involve the rejection of the plaint.

K. ROJA vs. U.S. RAYU: Court, in this case, held that any application for the rejection of the plaint under Order 7 Rule 11 of the code of civil procedure can be filed at any stage and the court has to dispose of the same before proceeding with the trial.

Kuldeep Singh Pathania vs. Bikram Singh Jarya: In this, the court held that for an application under Order VII Rule 11(a) of the Code of Civil Procedure, only the pleadings of the plaintiff can be looked into, and neither the written statement nor averments can be considered for inquiry.


I am a Legal professional - practicing as a counsel before the High Court of Kerala and the Trial Courts Mainly in Kottayam Zone. I graduated with a bachelor’s degree in Bachelor of Commerce from Mahatma Gandhi University (2014-17) and a bachelor’s degree in law from University of Calicut (2018-21). From November 2021 onwards till July 2022 , I was a Junior trainee at the Firm Tharakan and George Associates. Now I am an Associate Litigator at Tharakan and George Associates. Civil Commercial litigation, Consumer Litigation , Drafting of Legal Documents , Preparation of Title deeds , Registration of Firms and Society are my primary areas of practice. Opinions expressed by me here are in my personal capacity, and may not be conclusive. My LinkedIn profile is available at https://www.linkedin.com/in/adv-sudheesh-s-kumar-632977234/

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