ACKNOWLEDGEMENT

Thanks to the Almighty and my dear parents who became the source of strength to accomplish
this project with sheer hard work and honesty.
I pay my sincere gratitude to Dr. Souvik Chatterjee for giving me the opportunity to work on
such a passionate and important subject for the project. He has provided all the needful
assistance and supported in terms of valuable discussion and innovative ideas without which
the project could not have thrown light to the darkness of the society.
Last, but not the least, I would like to thank all the members of JIS Family in general.
ANIDEEP SETH
LLB 3RD Semester
ABSTRACT
A plaint is a legal document which contains the written statement of the plaintiff’s claim. A
plaint is the first step towards the intimation of a suit. in fact, in the very plaint, the contents of
the civil suit are laid out.
Through such a plaint, the grievances of the plaintiff are spelled out, as well as the possible
cause of action that can arise out of the suit. a plaint which is presented to a civil court of
appropriate jurisdiction contains everything including facts to relief that the plaintiff expects
to obtain.
Although it hasn’t been defined in Code of Civil Procedure, it is a comprehensive document, a
pleading of the plaintiff, which outlines the essentials of a suit, and sets legal wheels up and
running.
Order VIII of Code of Civil Procedure particularly deals with the plaint. a few of the essentials
of a plaint implicit in itself are those only material facts, and not all facts or the law as such is
to be stated, the facts should be concise and precise, and no evidence should be mentioned.

HYPOTHESIS
INTRODUCTION
Middle English: from old French plainte, feminine past participle of plaindre
‘Complain’, or from Old French plaint, from Latin planctus’ beating of the breast’.
Pleading refers to plaint and written statement. In plaint, plaintiff should allege facts
about his cause of action. In fact, plaint consists of some contents, and it is mandatory that such
contents should be present in plaint.
In plaint, plaintiff should allege facts about his cause of action. In fact, plaint consists
of some contents, and it is mandatory that such contents should be present in plaint.
It is a first duty of court, before which a suit is instituted to properly examine the plaint,
for the purpose of determining, whether it should be returned, or rejected and in order to
determine, the question of rejection it is the responsibility the court to take consideration other
materials too, Order VII, Rule 11 of CPC narrate cases where plaint should be rejected.
According to section 26 of the Code of the Civil Procedure every suit shall be instituted
by the presentation of a plaint.1 Once the plaint is ready, it is to be filed in the court which has
both territorial and pecuniary jurisdiction. According to section 15 of the CPC a suit trial by a
civil court must be instituted in the court of the lowest grade competent to try it. Once a plaint
is taken to the court, the court officer, the date of filing shall also be stamped on the plaint as
soon as it is filed. Once this is done a civil suit is said to have been started. The machinery of
a court is set in motion by the presentation of a plaint, which is the first stage in a civil suit.2
A civil suit can be filed by presentation of a Plaint before the appropriate court Plaint
contains name of the court, parties‟ names and addresses, cause(s) of action and relief sought
etc. (Order VII, Rule 1, Code of Civil Procedure,1908).A litigant must read and verify that the
plaint clearly shows the cause of action of the suit and must be cautious that the suit is not
barred by limitation, otherwise, a plaint may be rejected under order VII, rule XI of the said
Code. Appropriate legal counsel may be sought to check the abovementioned matters.
Requisite Court fees should be attached with the Plaint. Court fees can be either fixed or based
on ad-valorem basis. Once a plaint is ready, it will be filed with the concerned court having
jurisdiction. A civil suit has to be filed in the court of lowest grade competent to try it. Learned
advocate should prepare a bundle for court which includes plaint, vokalotnama (power given
to Lawyer by client), list of documents upon which the claimant(s) rely on, process fee, notice
of summon, copies of the plaint as required depending on the number of defendants. Thereafter,
the plaint including other necessary documents should be submitted
before the concerned court officer, who shall examine, inter alia, territorial and pecuniary juri
sdiction and requisite court fees paid thereof. After such examination he will put a casenumbe
r of the suit and will enter the suit into a register which is called the register of the suits. The
date of filing shall also be stamped on the plaint as soon as it is filed. When all the above
procedures are completed, a civil suit starts its journey.

1
The Code of the Civil Procedure,1908. (Act No V of 1908).
2
Md. Abdul Halim, The Legal System of Bangladesh, 1st ed., (Dhaka: CCB Foundation,
2004). p. 164
RESEARCH QUESTIONS
Definition of Plaint
The expression „plaint‟ has not been defined in the code. A plaint or otherwise known
in Bengali as an “Arji” is a document where the facts and grounds of claim are stated clearly
and concisely. However, it can be said to be a statement of claim, a document, presentation of
which the suit is instituted. Its object is to state the grounds upon which the assistance of the
court is sought by the plaintiff. Its is a pleading of the plaintiff.3

Black’s Law Dictionary provides that “A private memorial tendered in open court to
the judge, where the party injured sets forth his cause of action.4 A proceeding in inferior courts
by which an action is commenced without original writ. This mode of proceeding is commonly
adopted in cases of replevin. In the civil law, particularly one for setting aside a testament
alleged to be invalid. This word is the English equivalent of the Latin “que-rela,”
Radheshyam Agrawal vs Hariom Trading Co. And Ors. on 12 August, 1991:
Indeed, "Plaint” has not been statutorily defined. But it should contain necessary and
relevant facts constituting the cause of action. The counterclaim need not necessarily be
confined to the claim made against the plaintiff, and if for its effective adjudication besides
the plaintiff other interested persons should be made parties, they should be impleaded, if the
court is satisfied that without them the adjudication will be incomplete. Order 8, Rule 6-A,
C.P.C. does not say as to who shall be parties to the counter-claim. This provision as
to joinder of parties under Order 1, Rule 10, Of C.P.C. would also apply to counter-claim, no
doubt, subject to the condition that persons impleaded are necessary and proper parties for an
effective adjudication of the questions involved. The submission that Order 8, Rule 6-A does
not enable the participation of persons who are not already parties to the suit is difficult to
accept.

Finally, can say that" Plaint is written statement of plaintiff’s claim. Through plaint,
plaintiff describes his cause of action and other necessary particulars to seek remedy from court
for redressed of his grievances.

Plaint to be verified
All plaints shall be verified, within the local jurisdiction5, before one of the officers of
the Court appointed in that behalf and elsewhere in Bangladesh before the officer indicated by
the Code of Civil Procedure, section 139.6

3
C. K. Takwani, Civil Procedure, 8th ed., (Lucknow: Eastern Book Company, 2019). P. 35.
4
Black's Law Dictionary
5
Subrao Patil v. Narsingrao Gurunath Patil,
6
Bharamu Subrao Patil v. Narsingrao Guru Nath Patil (AIR 2001 Bom 104, 2001 (2)
BomCR 126, (2001) 1 BOMLR 545, 2001 (2) MhLj 348)
Particulars of Plaint

Every plaint should contain the following particular:

a) The name of the court in which the suit is brought;

b) The name, description and place of residence of the plaintiff and defendant;
c) The name, description and place of residence of the defendant, so far as they can be
ascertained;
d) Where the plaintiff or defendant is a minor or a person of unsound mind, a statement
to that effect;
e) The facts constituting the cause of action and when it arose;
f) The facts showing that the court has jurisdiction;
g) The relief claimed by the plaintiff, simply or in the alternative;
h) Where the plaintiff has allowed a set-off or relinquished a portion of his claim, the
amount so allowed or relinquished;
i) A statement of the value of the subject- matter of the suit for the purpose
of jurisdiction and court-fees;
j) The relief claimed by the plaintiff, simply or in the alternative;
k) Where the plaintiff files a suit in a representative capacity, the facts showing that
the plaintiff has an actual existing interest in the subject matter and that he has taken
steps that may be necessary to enable him to file such a suit;
l) Where the suit is for recovery of money, the precise amount claimed;