But it has no relation whatever to the defence which may be set up by the defendant nor does it depend upon the character of the relief prayed for by the defendant." The body of your pleading will include whatever information you want the judge to be made aware of, presented in the proper format. Srinivasa Yadav made demands for the Repayment of the loan and also caused a lawyer to notice dated 04.01.2011 to be sent to S. Janardhana Naidu. The idea of drafting and filing a plaint in the legal field was brought in with the purpose of setting up a system which can be used for effective communication of the conflicts between the parties to the courts. (1) Save as otherwise provided by any law for the time being in force, every pleading shall be varied at the foot by the party or by one of the parties pleading or by some other person proved to the satisfaction of the court to be acquainted with the facts of the case. A person whose case is based on falsehood has no right to approach the Court. x x x x                                                                                                            x x x x, Advocate for the plaintiff                                                                              Plaintiff. The suit instituted or filed before the court is called plaint' and the suitor who files the suit is called the 'plaintiff. Janardhan Naidu, S/o. Supreme Court in the recent case. After you've listed the parties, double-space down to begin drafting the pleading. This article provides Format of Plaint. (11) Awarding the plaintiff the cost of this suit and. Janardhana Naidu who received the notice on 27.01.2011 neither paid the amount nor did he respond to the notice on 20th February 2011. 25,000 on 26.02.2008 and is a consideration thereof executed a promissory note the like sum in favour of the plaintiff, agreeing to pay interest at 24% per annum. The main purpose is to identify the plaintiff. 4. Plaintiff, Janardhan Naidu                                                                  ……. Plaint under CPC: Particulars, Procedure, Admission & Rejection . HOW TO DRAFT A PLAINT. This is the most important part of the plaint. NOTE: For drafting the perfect plaint for the suit of partition one must keep in mind the principle laid down by. The address for service of process etc. Check the federal, state, and local rules for specific requirements regarding the filing of a complaint. the honorable. Janardhana Naidu who received the notice on 27.01.2011 neither paid the amount nor did he respond to the notice on 20th February 2011. It can be divided into short paragraph. What extend did the Government of India Act 1935 contribute to the present Constitution of India? 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”. He can only sue or be sued through next friend (who may act as a next friend or be appointed guardian for the suit see Order XXXII Rule 1 and 4 CPC).Where there are several plaintiffs, a serial number should be given to each of them. In fact, in the very plaint, the contents of the civil suit is laid out. "The New India Assurance Co. Ltd. vs. Surender singh & others. 247, Netaji Road and executed a promissory note. Explanation.- In this section “property” means property situate in India. Krishnaiah residing at D.No. He may also sue them at Calcutta, where B resides, or at Delhi, where C resides; but in each of such these cases, if the non- resident defendant object, the suit cannot proceed without the leave of the court. G.Srinivasa Yadav filed a suit for the recovery of the debt. Ramaiah aged 45 years, Hindu business, residing at D.No. The name of the court in which the suit is brought. On Behalf Of: 1) Mrs. Priya, Mrs. Geetha and Mrs. Shanthi, Daughters of Mr. Raguram. It is a settled law that if a person want justice must comes with clean hands. Drafting of any matter is an art. The purpose of pleading is also to eradicate irrelevancy. In this video from myLaw.net’s fundamental course on Civil Drafting, we discuss what a plaint document is, the several essential elements of a plaint document, and the other documents that should accompany the plaint. Be mindful of the Tort of Negligence and the duty of care when you draft. Note:- When there is no prayer for a particular relief and no pleadings to support such a relief, and when defendant has no opportunity to resist or oppose such a relief, if the court considers and grants such a relief, it would lead to miscarriage of justice. In a suit praying for permanent injunction, court grant a relief of declaration or possession. PARTICULARS IN A PLAINT PLAINT . Model draft of a “Plaint”: A plaint is accompanied by an affidavit as shown below:-Tushar Kaushik. PLAINTIFF -VS- CCCCC ENTERPRISES LIMITED . The plaintiff also caused a registered lawyer‟s notice dated 04.01.2011 to be sent to the defendant did not respond. The forms are given in Appendix A of the Code of Civil Procedure. It is a settled law that if a person want justice must comes with clean hands. This basic principle of law must be in mind while drafting or preparing a plaint. Ramaiah at D.No. – The plaint shall contain the following particulars:— … Learn how your comment data is processed. (10) Directing the plaint defendant to pay the plaintiff the sum of Rs.39,000 on with further interest at the contact rate till the date of realization. (3) Defendant borrowed a sum of Rs. provides every pleading shall be signed by the party and his pleader( if any ) : Provided that where a party pleading is, by reason of absence or for other good cause, unable to sign the pleading, it may be signed by any person duly authorized by him to sign the same or to sue and defend on his behalf. This is a very important part of an advocate whose duty is to draft the pleadings of a plaint or written statement with the utmost care and caution and which forms the basis of the claim, In case of incorrect pleading, the suit is liable to be dismissed or it may lead to unnecessary amendment causing a delay in procedure. Through such a plaint, the grievances of the plaintiff are spelled out, as well as the possible … Particulars to be contained in plaint. The judicial process starts with the institution or filing of the suit. See section 9 of the CPC. We, at Hello Counsel have on our panel a battery of practicing lawyers who are experts in all sorts of judicial and non-judicial drafting. Pleading to be signed : Order 6 Rule 14 C.P.C. A may sue B for the price of the goods either in Calcutta, where the cause of action has arisen or in Delhi, where B carries on business. DRAFTING RULES & SKILLS Drafting in its general connotation means, putting one‟s own ideas in writing. 1 REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NUMBER ccccc OF 2001 CCCCC TRANSPORT COMPANY LIMITED .. .. .. Order VII, Rule 1 (e) requires that the plaint shall contain “the facts constituting the cause of action and when it arose”. Written statement. It must include some act done by the defendant since in the absence of such an act no cause of action can possibly accrue. "It is well settled position of law that the whole object of pleading is to give fair notice to each party of what the opponent's case is, and to ascertain, with precision, the points on which the parties agree and those on which they differ, and thus to bring the parties to a definite issue. After you've listed the parties, double-space down to begin drafting the pleading. Your Address Your City, State, ZIP Code Srinivasa Yadav                                                                       …….. These forms shows that a statement as to when the cause of action arose and the court has jurisdiction may be written jointly in one paragraph. Everything which if not proved would give the defendant a right to immediate judgment must be part of the cause of action. It contains the name , description and place of residence of the plaintiff. Draft a legal notice on behalf of … and draft a plaint for the same with an interim application to grant an injunction for all the properties. In order to have a fair trial it is imperative that the party should state the essential facts so that other party may not be taken by surprise. (a) A is a tradesman in Calcutta, B carries on business in Delhi. "A cause of action means every fact, which if traversed, it would be necessary for the plaintiff to prove in order to support his right to a judgment of the court. Plaint. Membership lene ke liye WhatsApp pe msg kariye is mumber pe: 88409613242. The main object to mention the date of cause of action is to ascertain whether the suit is within limitation or not. After the thorough study of the plaint and supported documents a para wise answer of the plaint can be prepared. 1. This site uses cookies from Google to deliver its services and to analyze traffic. The body of your pleading will include whatever information you want the judge to be made aware of, presented in the proper format. It can be divided into short paragraph. The jurisdiction to grant relief in a civil suit necessarily depends on the pleadings, prayer, court fee paid, evidence let in, etc.”. Order 7. Concluding this note it can be stated that a greatly drafted plaint shows the quality of a good lawyer. Written Statement IN THE COURT OF JOINT … Therefore, it would be hazardous to hold that in a civil suit whatever be the relief that is prayed, the court can on examination of facts grant any relief as it thinks fit. It does not comprise evidence necessary to prove such facts, but every fact necessary for the plaintiff to prove to enable him to obtain a decree. Krishnaiah, 40 years, Hindu, Business, residing at D.No. B may sue A either in Calcutta or in Delhi. But where the court is not satisfied that such case was at issue, the question of resorting to the exception to the general rule does not arise”. Order 7. Other suits to be instituted where defendants reside or cause of action arises—Section 20 of the Code provides “Subject to the limitations aforesaid, every suit shall be instituted in Court within the local limits of whose jurisdiction—, (a) the defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain; or. Verification I the plaintiff, to hereby declared that the facts stated above true and correct to the best of my knowledge, information and belief. Type of Plaint (Small Claim/Fast Track/Multi Track) Paragraph 1: Description of the Plaintiff (locus standi/ the address of the Plaintiff’s Advocate’s to determine the location of where the response should be submitted) Paragraph 2: Description of the Defendant. The pleadings are always to be concise and clear. ----------------------------------------------------------------------------~------------------------------------------------------------------------. It is essential to state in the plaint: The name, description and place of residence of each plaintiff; and The name, description and place of residence of each defendant, so far as they may be ascertained. When drafting a complaint, make sure that you adhere to the following: 1. A blog about legal news, court decisions, laws, legal features and documents in Tanzania. deals with interpleader suit. Use this sample complaint letter (.txt file) the next time you need to file a complaint. An application under Order XXXIX rule 1 and 2 of the Code of Civil Procedure 1908 for temporary injunction. Drafting of legal matters requires greater skills and efficiencies. A plaint is a legal document which contains the written statement of the plaintiff’s claim. “It is fundamental that in a civil suit, relief to be granted can be only with reference to the prayers made in the pleadings. Drafting of any matter is an art. It is worthwhile to find out the meaning of the words "cause of action". 5. while filling a civil suit how to draft a plaint and write pleadings. Paragraph 3: Introduce the cause of action Sample Complaint Letter Template. Jurisdiction: Section 15, 16, 17, 18, 19 and 20 of the civil procedure code lay down the rules for the purpose of jurisdiction. Where, however, the exact date is not known, plaintiff can mention the near about date when cause of action accrued. Number each paragraph if you are drafting an answer to the original complaint. (9) It is, therefore, prayed that the honourable court may be pleaded to pass judgement and decree against the defendant and in favour of the plaintiff. A delivers the goods accordingly in Calcutta. If the victim is a minor a next friend has to be appointed prior to the filing of the action. (12) Passing such further or other order as the honourable court may deem. By using this site, you agree to its use of cookies. The word “Description” includes the name of father and other particulars of the plaintiff. The facts will tell a story. B, by his agent in Calcutta, buys goods of A and requests A to deliver them to the East Indian Railway Company. Drafting a complaint is not a license to hurl insults at your adversary, use over-the-top language or “fancy” words, or include irrelevant facts. Jurisdiction is determined on the place of the accident. Then follows introductory sentences leading gradually into the material facts of the case. 249, Netaji Road, Tirupati within the jurisdiction of honourable court. It is related to the date of cause of action.The meaning and definition of the cause of action is given in side bar of the page under the heading NOTES. Date of Cause of Action: The exact date of the cause of action as far as possible should be given in the plaint. Drafting of legal matters requires greater skills and efficiencies. Is it just enough to write in plain English? If you want to personalize the story, refer to yourself by name and depersonalize the defendant, where necessary, by referring to him as the defendant. (see section 17 of the code.). That the appellant is a permanent citizen of Bangladesh and respectful to the law of the land.2. The "cause of action" is a bundle of facts which taken with the law applicable to them gives the plaintiff the right to relief against the defendant. As the very requirement indicate, this should be only in exceptional cases where the court is fully satisfied that the pleading and issues generally cover the case subsequently put forward and that the parties being conscious of the issue, had led evidence on such issue. When a plaintiff has some defects or problems in health or any type of disability, the Plaint should contain a statement of these effects. He can only sue or be sued through guardian ad litem, the Court shall appoint a proper person to be guardian for the suit for such minor under the procedure prescribed in Order 32, Rule 3. DEFENDANT PLAINT. 2. Note:- Defendants against whom no relief is claimed may be added as Performa defendants and written in the last and a statement in this regard must be given in the plaint that why these persons or person added as Performa defendants.In case of minor defendant or a person of unsound mind, A detailed statement regarding this must be given in the plaint (Rule 1(d), Order VII. 2. B may sue A either in Calcutta or in Delhi". Under his leadership, Legal Bites has been researching and developing resources through blogging, educational resources, competitions, and seminars. This video tells us how to draft a plaint in an interpleader suit. v. Bishun Narain Inter College, AIR 1987 SC 1242 ). The parties thus themselves know what are matters left in dispute and what facts they have to prove at the proceeding and are thus given an opportunity to bring forward such evidence as may be appropriate. The plaint document commences a civil litigation at the trial level. (5) The plaintiff submits that the defendant is not an agriculturist and he is not entitled to the benefits under any of the debt relief of law. All the facts related to the claim of the plaintiff must be written here in details. Md Mamunur Rashid. The rules that apply to the plaint, in general, are referred to as general rules of plaint and rules which are specific to the drafting of the plaint are referred to as specific rules of the plaint. It is not limited to the actual infringement of the right sued on but includes all the material facts on which it is founded. (7) The plaintiff values this suit for the purpose of court fee and jurisdiction of 39,000/- and pays a court fee of 1.666 under section 20 of A.P. The drafting is a very complex issue, as it involves thorough examination of the case, which has its own peculiar facts and circumstances, as also the laws and judgments applicable in the Case. Your email address will not be published. Drafting and Conveyancing relating to Various Deeds and Agreements : Conveyancing in General, Object of Conveyancing- Drafting of Conveyancing agreements, wills, encumbrances and gift deeds. provides the mode of Verification of Pleadings. Plaint should contain the name, residence, and description of the defendant. Discuss the Secular Character of the Indian Constitution. Check out an example letter that used this format.. One Lakh, the court cannot grant decree for Rs. The Apex Court in Madan Gopal Kanodia Vs. Mamraj Maniram and Others, , held that the pleadings are loosely drafted in the Court, and Court should not scrutinize the pleadings with such meticulous care so as to result any genuine claim being defeated on trivial ground. The opposite party against whom the suit is filed is called 'Defendant', and his contention or defence is called 'written statement'. As the plaint starts the suit/case, drafting of a plaint is to be with utmost care without any loopholes and omissions. The address for services of notices etc. The main object of pleadings is to find out and narrow down the controversy between the parties. A cause of action must includes some act done by the defendant since in the absence of such an act no cause of action can possibly accrue.Church of Christ Charitable Trust & Edu. Plaint filed on behalf of the plaintiff under Order VII Rule-10 and long cause title. Court fee and suits valuation Act. Ten lakhs. The Protection of Women from Domestic Violence Act 2005, ONUS OF PROOF IN DIFFERENT TYPES OF CASES, Basic principles for deciding application for rejection of plaint, SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT, UNREGISTERED AGREEMENT TO SELL OF IMMOVABLE PROPERTY, Hindu Marriage Act, 1955. “A B, son of…………………………, r/o ……………………………………………., managing trustee Kalumal dharmshala etc”. Draft the body of the pleading. Every fact which is necessary for the plaintiff to prove to enable him to get a decree should be set out in clear terms. This was done in order to ensure that effective and well informed decisions can be delivered by the courts. For our convenience we can divide the plaint in three parts: (1) The HEADING:- The plaint should begin with the name of the court in which the suit is brought, Rule 1 (a), Order VII. (4) The plaintiff made several demands on the defendant for the repayment of the debt. 249, Netaji Road, Tirupati, borrowed Rs. G.Srinivasa Yadav filed a suit for the recovery of the debt Draft the plaint. 2/6/2011 4 Comments After filling the plaint, the defendant need to submit his/her written statement admitting or denying the statement made in the plaint. That the Plaintiff filed the instant suit praying for declaration and recovery of possession of the scheduled properties. After the name of the court, in the next line the number of the suit and the year to be written in the following manner. A person whose case is based on falsehood has no … The Plaintiff is a limited liability Company duly incorporated in the Republic of Kenya under the provisions of the Companies Act (Cap. The humble petition of the appellant above named Munaim khan most respectfully sheweath.1. Draft the facts of your case. In case of minor and unsound mind person, 1.”A B, son of………………………r/o………………………, a minor, by C D, son of………………………….r/o……………….his next friend…………, 1. It requires thorough knowledge of law, procedure, settled judicial principles, besides proficiency in English Language. Under Section 25, Protection of Women from Domestic Violence Act. 1. Your email address will not be published. And father’s name and place of residence of each of the defendant should be given , if there are several defendants, a serial number should be given to each of them. Fit and proper in the circumstance of the case. Srinivasa Yadav, S/o. Draft Of Legal Pleadings For All Indian Courts. Before drafting the written statement it is the duty of the defendant to study the plaint thoroughly and all the documents submitted by the plaintiff with the plaint in support of his claim. Plaint. – The plaint shall contain the following particulars:— … Naturally, the body of the plaint starts with a preamble like words such as, “The facts of the case or suit claim or particulars of the claim.”. Thus it is said that no amount of evidence, on a plea that is not put forward in the pleadings, can be looked into to grant any relief. Section 15 provides "every suit shall be instituted in the court of the lowest grade competent to try it". Plaint is a statement of claim filed by the plaintiff wherein it states the material facts upon which he relies in support of his case and claims and relief he desires. Principal borrowed                                                                              25,000, Interest 24% p.a from 26.02.2008 to 20.02.2011                                14,000, Court fee paid thereon relief                                                                1,666. Your statement should be clear, concise and should provide enough detail to support your legal theory. Order 7 Rule 1 of civil procedure code says that plaint shall contain the following particulars:-1. The promissory note was scribed by K. Venkatasubbaiah a document writer in Tirupati and attested by a K. Damodhar Reddy and M. Subramanyam Naidu. IDENTIFICATION OF THE PLAINTIFF . ... plaint and also sets any new facts which tells in his favour, adding such objection as he wishes to take to the claim. Related Legal Drafting Post navigation (2)The person verifying shall specify, by reference to the numbered paragraphs of the pleading, what he verifies of his own knowledge and what he verifies upon information received and believed to be true. 247, Netaji Road, Tirupati, within the jurisdiction of this honourable court. The plaint document commences a civil litigation at the trial level. THE TITLE:- After the heading, title should be written as per Rule 1 (b), Order VII. LEGAL NOTICE. Drafting of agreements, documents and deeds : Drafting … 4. (b) any of the defendants, where there are more than one, at the time of the commencement of the suit actually and voluntarily resides, or carries on business, or personally works for gain, Provided that in such case either the leave of the Court is given, or the defendants who do not resides, or carry on business, or personally work for gain, as aforesaid, acquiesce in such institution; or.