As being a law student, I strongly believe that every question arises out of a solution . On returning the plain the Judge shall endorse thereon the date of its presentation and return the name of the party presenting it and brief statement of the reasons for returning it. ADM Jabalpur vs Shivkant Shukla (1976) 2 SCC 521 – Case... Order 6 Rule 1 of THE CODE OF CIVIL PROCEDURE, 1908 defines. A private memorial tendered I On understanding the contents of section 26, the meaning of suit, it will become quite apparent that what a plaint is. | Meaning, pronunciation, translations and examples Therefore presenting a plaint making the government defendant, without notice, will amount to the return of the plaint. (Law) law a statement in writing of grounds of complaint made to a court of law and asking for redress of the grievance [C13: from Old French plainte, from Latin planctus lamentation, from plangere to beat] The term deemed is basically provided to create a statutory fiction, since having being called an order will waive off an effect of being appealable unless specifically provided. Pleadings are in form Civil matter (Plaint, Written statement), Criminal matter (Complaint) and Writs and they are mostly governed by procedural law. Pleading forms basis to conduct proceedings before the Court of Law. Please check back … It can be returned on various grounds dealt under Rule 10- 10B of Order VII. Therefore it is very necessary that the content part include the cause of action and it must be established. In fact, in … A plaint is a document by presentation of which a suit is instituted. It is regarded as backbone of any judicial system. Find a definition of Plaint in the Law Dictionary. (2) [viii]Procedure on returning plaint- On returning a plaint, the Judge shall endorse thereon the date of its presentation and return, the name of the party presenting it, and a brief statement of the reasons for returning it”. A plaint is the first step towards the initiation of a suit. For instance, wherein a suit against the Government, the plaint does not state that the notice as required by Section 80 of C.P.C. The requirements of Order VI Rule 2 which runs –, The following four rules (SEE ORDER 79) may be deducted from the mentioned provisions-. The provision relating to section 80 of the code states that, a notice shall be provided to the government if a suit is to be filed by the plaintiff against it. An automatic rejection of the plaint would not be caused merely due to the non compliance with the provisions of Order VII. We are team members of Law Times Journal. Pleadings are “Acts of LAW”. Section 26 of CPC, 1908 stipulates that every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed. I also believe in gaining knowledge & willing to gain more knowledge to develop my skills where i can perform efficiently. It is essential that service of summons has to be conducted within seven days after the institution of plaint. [4] The plaint will be deemed to have been rejected having no cause of action, therefore every suit presupposes the existence of cause of action. Plea of special nature to be specifically pleaded. It is a specific document filed by the parties in a civil or criminal lawsuit which states the current position of the parties in litigation. a statement of grievance made to a court for the purpose of asking redress. The object of the plaint is to acquaint the court and the opposite party (i.e the defendant) with the case of the plaintiff “Plaint is the backbone of the suit”. “Unfortunate to see writ jurisdiction invoked at the drop of hat, as if High Courts are Tehsil Courts:” Punjab & Haryana High Court, Calcutta HC: Bifurcate Law & Order wing from Investigating Wing in state, Karnataka HC grants bail to Sanjjanaa Galrani in Sandalwood drug case, Maneka Gandhi vs Union Of India – Case Summary. The plaint is a concept that emerged in the field of law for the better knowledge of the point of conflict and facts so that effective and well-informed decisions can be delivered. The court can return it any stage during the suit when the court feels that there is lack of jurisdiction in terms of territorial, pecuniary or in respect of subject matter jurisdiction. PLAINT, Eng. Basically the content of a plaint must be exclusive of everything related to the person aggrieved. On such circumstances, the plaint is rejected if the necessary requirements of a plaint does not meet its aspect or if the certain provisions are vague and ambiguous. A plaint is a document by presentation of which a suit is instituted. Editorial members at Law Times Journal is a team of writers led by Vedanta Yadav. (Poetry) archaic a complaint or lamentation 2. (legal) In criminal law, the preliminary charge or accusation made by one person against another to the appropriate court or officer, usually a magistrate. The other important part is the relief sort since it will be purposeless for a litigating party to present a plaint while rendering away of the relief sought. It’s the primary step to initiate a civil lawsuit in a court of law. Plaint must be verified and and a supporting Affidavit be given to proof the facts in the plaint. A plaint is an authoritative archive that is introduced under the watchful eye of the common courts so as to get the show cause before the court of competent jurisdiction. The term “Pleading” and “Conveyancing” seems to be synonyms of each other but both has its own distinct feature. The heading signifies the appropriate jurisdiction of the court while cause title is the name, description and capacity of litigating parties. The depth of its root has its solution. Return is different from Rejection of plaint. Even non compliance with the statutory provision amounts to the rejection of a plaint. It is a settled law that if a person want justice must comes with clean hands. A Plaint is a pleading and thus it should meet the general rules or guidelines of pleading. A plaint note is a legal document, chiefly referred to as such under English law and that of other Commonwealth nations. Illustration: The plaint has been retuned by court hall 1, limitation is over by the time it is filled into court hall The procedure regarding returning of plaint is as follows. A person whose case is based on falsehood has no right to approach the Court. If courts’ discretion allows such person to pay the requisite fee, he may have his plaint treated as presented from the date of actual presentation of plaint. 1. This entry about Plaint has been published under the terms of the Creative Commons Attribution 3.0 (CC BY 3.0) licence, which permits unrestricted use and reproduction, provided the author or authors of the Plaint entry and the Encyclopedia of Law are in each case credited as the source of the Plaint entry. “Unfortunate to see writ jurisdiction invoked at the drop of hat, as if High Courts are Tehsil Courts:” Punjab & Haryana High Court, Calcutta HC: Bifurcate Law & Order wing from Investigating Wing in state, Karnataka HC grants bail to Sanjjanaa Galrani in Sandalwood drug case, Maneka Gandhi vs Union Of India – Case Summary. Dates, sums and numbers shall be expressed in the pleading in figure as well in words. – The plaint shall contain the following particulars:— (a) the name of the Court in which the suit is brought ; Plaint in the Legal Dictionary. What to do if electricity bill card is lost? Order 6 Rule 3 and 4 deals with forms of pleadings and particulars to be given where necessary. Order VII contains 18 Rules. How to use plaint in a sentence. It is required to annex a list of all documents with the plaint. It is sent by a court to a defendant to confirm legal action taken against them, and to inform them of their case number. Whenever a cause of action arises, the plaintiff having such claim of right must present it to the court. And if there is more than one defendant, a copy for each shall be supplied within the time prescribed by the court. It is regarded as backbone of any judicial system. Every Pleading shall contain a statement in a concise form of the material of facts on which the party pleadings relies for his claim or defence as the case might be or might not the evidence by which they are to be proved. Rejection of Plaint :-[x] Order VII RULE 11 of the Code of Civil Procedure,1908 elaborates the process of rejecting plaint . [ii] In case of Pleading, the party concerned is required to pay court-fee by way of judicial stamps or challan. The plaint can be rejected on several cases, initial one being very apparent that when a plaint is without cause of action, while another issue talks about the relief claimed when undervalued. Every pleading shall whenever necessary be divided in to paragraphs , numbered consecutively, each allegation being, so far as is convinent contained in separate paragraphs. Skaria v. Govt of state of Kerala[5], the Apex court observed that the plaintiff can increase the claim only by seeking amendment of the plaint and paying additional court-fee on the amended claim. Law. While the provisions contained in Order VII are essential and desirable to be complied with, for removing any probability of having the plaint returned or rejected, they are procedural. If the court is satisfied that it has no jurisdiction to entertain the suit, it’s the duty to give effect to that on its own initiative. What to do if electricity bill card is lost? The technical glitches may also render a plaint returnable. Call us at- 8006553304, © 2014-2020 Law Times Journal | All Rights Reserved. It is basically the pleading of plaintiff and henceforth, the entire case, from facts to relief claimed must be stated in a plaint. Plaint definition is - lamentation, wail. [6] The return of a plaint is considered an order of the court and an order is appealable. The judge returning it shall make an endorsement on it regarding the date of presentation, the date of return, the name of the party presenting it and the reasons for returning it. Since only the contents of a plaint are looked upon the determination of proper vale of the suit, having inconsiderate valuation in a plaint deems rejection. ‘Prosecutors offered no comment, but their plaint reveals their views: ‘The heart of Greenpeace's mission,’ it claims, ‘is the violation of the law.’’ ‘Secondly, no plaintiff has agreed to withdraw his plaint.’ To attain these objects the CODE OF CIVIL PROCEDURE requires the observance of certain rules laid down in its various provisions. It contains the written statement of the plaintiff’s claim. Before understanding the procedure[1] regarding institution of a plaint, it is also desirable to understand what a plaint is and what its particulars[2] are, whether it can be returned or rejected and whether an appeal lies against it? plaint definition: an official legal complaint against someone that is used in a court of law: . It is a specific document filed by the parties in a civil or criminal lawsuit which states the current position of the parties in litigation. By John Bouvier. Where the plaint is insufficiently stamped, it condones the court to reconsider their discretion and it comes to the conclusion that the plaintiff has failed to pay requisite fees for summons and copy of plaint. Return of Plaint :-The Code of Civil Procedure empowers the civil court to return the plaint if in case it was not filed appropriately. This is one of the circumstances where the suit gets barred by the law itself. [7]But it is to be understood that all orders are not appealable unless otherwise expressly provided under the code. Plaint must contain a concise explanation for the reasons why there was a delay in filing the plaint and why such delay should be condoned.