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    Monday, 20 April 2015

    Plaint and its necessary contents

    Introduction
    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.

    What is Plaint?

    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.

    What is Plaint under CPC

    Necessary Contents of Plaint

    Followings are the necessary contents of plaint;

    (i) Plaint should contain name of that court in which suit is brought.

    (ii) Plaint should contain name, description and residence of plaintiff.

    (iii) Plaint should contain name, description and residence of defendant.

    (iv) When plaintiff or defendant is minor or person of unsound mind, plaint should contain a statement to that effect.

    (v) Plaint should contain those facts, which have constituted cause of action. In addition to this, it should also be described in plaint when cause of action has arisen.

    (vi) Plaint should contain those facts, which show the court has jurisdiction.

    (vii) Plaint should contain that relief, which plaintiff claims.

    (viii) When plaintiff has allowed set off or has relinquished a portion of his claim, plaint should contain that amount, which has been so allowed or so relinquished.

    (ix) Plaint should contain statement of value of subject-matter of suit not only for purpose of jurisdiction, but also for purpose of court-fees.

    (x) Plaint should contain plaintiff’s verification on oath.

    Conclusion

    To conclude, it can be stated that plaint plays important role throughout whole trial of any civil suit. It is admitted principle that no plaintiff can go beyond his plaint. Therefore, no plaintiff can demand what is not claimed in his plaint. Similarly no plaintiff can produce any evidence, which is beyond his plaint. 
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    Item Reviewed: Plaint and its necessary contents Rating: 5 Reviewed By: Usman Ali
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