📝 Short Notes on Plaint in Civil Procedure Code & Limitation Act
1. Meaning of Plaint
A Plaint is a legal document that initiates a civil suit. It is the statement filed by the plaintiff explaining the facts of the case, legal grounds, and the reliefs sought from the court.
2. Relevant Provisions under CPC
- Order VII of the Civil Procedure Code, 1908 deals with the particulars and requirements of a plaint.
- Rule 1 to 11 specify the content, format, and grounds for rejection of a plaint.
3. Essential Elements of a Plaint
- Name and description of the parties
- Facts constituting the cause of action
- Jurisdictional facts
- Reliefs claimed (injunction, damages, possession, etc.)
- Valuation and court fees
- Verification by the plaintiff
4. Grounds for Rejection of Plaint (Order VII Rule 11)
- No cause of action
- Relief claimed is undervalued or insufficiently stamped
- Suit appears barred by law
- Plaint not filed in duplicate
5. Limitation Act, 1963 and Plaint
As per the Limitation Act, 1963:
- Every suit must be filed within the prescribed limitation period mentioned in the Schedule to the Limitation Act.
- If a suit is filed after the limitation period, the plaint is liable to be rejected under Order VII Rule 11(d) CPC.
- The limitation period generally starts from the date when the cause of action arises.
✅ Note:
A properly drafted plaint is the foundation of any civil suit. It must comply with the procedural and substantive requirements laid down in CPC and Limitation Act to be maintainable.
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