In fact, in the very plaint, the contents of the civil suit is laid out. The main purpose is to identify the plaintiff. By using this site, you agree to its use of cookies. (12) Passing such further or other order as the honourable court may deem. 1. How to draft a written statement . Drafting Plaint as assignment. It provides what particulars must be in the plaint. Under Section 24, Hindu Marriage Act, 1955. DRAFTING RULES & SKILLS Drafting in its general connotation means, putting one‟s own ideas in writing. The plaintiff may be minor or a person of unsound mind. B may sue A either in Calcutta or in Delhi. That the Plaintiff filed the instant suit praying for declaration and recovery of possession of the scheduled properties. (4) The person verifying the pleading shall also furnish an affidavit in support of his pleadings. Basically it contains two part, under the first part of this clause are all the facts, on the basis of which plaintiff claims his case, in other words each and every fact which is necessary for the plaintiff to prove to enable him to get a decree should be set out in clear terms and in the second part of the clause is “when cause of action arose.”? A person whose case is based on falsehood has no right to approach the Court. A person whose case is based on falsehood has no … Ltd & Am: vs. A.P. Every fact which is necessary for the plaintiff to prove to enable him to get a decree should be set out in clear terms. (4) The plaintiff made several demands on the defendant for the repayment of the debt. 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. It is a settled law that if a person want justice must comes with clean hands. In the court of the Junior Civil Judge of Tirupati. Ramaiah at D.No. Draft Of Legal Pleadings For All Indian Courts. Order VI Rule 1 to 18 of civil procedure code deals with the pleading generally. Krishnaiah residing at D.No. 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. (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. 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. IDENTIFICATION OF THE PLAINTIFF . [Explanation].—A corporation shall be deemed to carry on business at its sole or principal office in India or, in respect of any cause of action arising at any place where it has also a subordinate office, at such place. Use this sample complaint letter (.txt file) the next time you need to file a complaint. 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. Bachhaj Nahar versus Nilima Mandal and others.2009 (1) SCCD 220, ( also see Bhagwati Prasad v. Shri Chandramaul, AIR 1966 SC 735. , Ram Sarup Gupta (Dead) by L.Rs. 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. PLAINTIFF -VS- CCCCC ENTERPRISES LIMITED . After the thorough study of the plaint and supported documents a para wise answer of the plaint can be prepared. This basic principle of law must be in mind while drafting or preparing a plaint. 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. All the facts related to the claim of the plaintiff must be written here in details. 1. Plaint must be verified and and a supporting Affidavit be given to proof the facts in the plaint. That apart, in civil suits grant of relief is circumscribed by various factors like court fee, limitation, parties to the suits, as also grounds barring relief, like res judicata, estoppels, acquiescence, non-joinder of cause of action or parties etc., which require pleading and proof. DEFENDANT PLAINT. 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. Through such a plaint, the grievances of the plaintiff are spelled out, as well as the possible … It requires thorough knowledge of law, procedure, settled judicial principles, besides proficiency in English Language. 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. 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. Particulars to be contained in plaint. See section 9 of the CPC. Janardhan Naidu, S/o. Written statement. Your statement should be clear, concise and should provide enough detail to support your legal theory. September 12, 2018 October 14, 2020 Tushar Kaushik. 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. If the victim is a minor a next friend has to be appointed prior to the filing of the action. 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. Draft the body of the pleading. Note:- Plaintiff may be one or more and addresses may be different, true details of each of the plaintiff should be given. Draft the body of the pleading. 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. Plaint should contain the facts due to which cause of action arises and where the cause of action arises it should also be mentioned. Contention which are not based on the pleadings cannot be permitted to be raised either at the time of arguments or at the appellate stage. See Section 373 onwards of the CPC. ORDER-6, RULE-17, SECTION-26 The judicial process starts with the institution or filing of the suit. All the facts related to the claim of the plaintiff must be written here in details. Drafting of agreements, documents and deeds : Drafting … 1. It can be divided into short paragraph. v. Bishun Narain Inter College, AIR 1987 SC 1242 ). The body of your pleading will include whatever information you want the judge to be made aware of, presented in the proper format. The suit instituted or filed before the court is called plaint' and the suitor who files the suit is called the 'plaintiff. This site uses Akismet to reduce spam. Documents original promissory note executed by the defendant. The facts will tell a story. This Fundamental Course on Civil Drafting will teach you how to draft the whole range of critical documents involved in civil suits,including plaint documents, written statements, affidavits and much more, and the nature and relevance of the documents required at every stage of a … Draft the facts of your case. 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. Court fee : Court fees are payable according to the provision of THE COURT FEES ACT, 1870. This video tells us how to draft a plaint in an interpleader suit. (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. (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. After you've listed the parties, double-space down to begin drafting the pleading. On Behalf Of: 1) Mrs. Priya, Mrs. Geetha and Mrs. Shanthi, Daughters of Mr. Raguram. The jurisdiction to grant relief in a civil suit necessarily depends on the pleadings, prayer, court fee paid, evidence let in, etc.”. Your email address will not be published. on the defendant as stated above. Shasidhar & Others Vs Smt. deals with interpleader suit. Discuss the Secular Character of the Indian Constitution. The address for service of process etc. PARTICULARS IN A PLAINT PLAINT . The Plaintiff is a limited liability Company duly incorporated in the Republic of Kenya under the provisions of the Companies Act (Cap. 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. Plaint must be verified and and a supporting Affidavit be given to proof the facts in the plaint. A detailed statement regarding this must be given in the plaint (Rule 1 (d) Order VII), because a minor or insane person cannot sue or be sued. It must include some act done by the defendant since in the absence of such an act no cause of action can possibly accrue. 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. In case, where local limits of jurisdiction of Courts are uncertain, sub section (1) of Section 18 of the code provides, "where it is alleged to be uncertain within the local limits of the jurisdiction of which of two or more Courts any immovable property is situate, any one of those courts may, if satisfied that there is ground for the alleged uncertainty, record a statement to that effect and thereupon proceed to entertain and dispose of any suit relating to that property, and its decree in the suit shall have the same effect as if the property were situate within the local limits of its jurisdiction : Provided that the suit is one with respect to which the court is competent as regards the nature and value of the suit to exercise jurisdiction". Check the federal, state, and local rules for specific requirements regarding the filing of a complaint. Where the immoveable property is situate within jurisdiction of different courts, the suit may be instituted in any court within the local limits of whose jurisdiction any portion of the property is situate. 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. (3) Defendant borrowed a sum of Rs. 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. Discuss, pointing out relevant provisions of each. provides the mode of Verification of Pleadings. The 2 nd Defendant is a limited liability Company established under the Companies Act, 2002, and its address of service for the purpose of this suit is in the care of: (b) A, residing in Delhi, publishes in Calcutta statements defamatory of B. .. .. 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. 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. Order VII, Rule 1 (e) requires that the plaint shall contain “the facts constituting the cause of action and when it arose”. Learn how your comment data is processed. Drafting of any matter is an art. It contains the name , description and place of residence of the plaintiff. 1. Drafting of legal matters requires greater skills and efficiencies. ----------------------------------------------------------------------------~------------------------------------------------------------------------. Laminart Pvt. 1 REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NUMBER ccccc OF 2001 CCCCC TRANSPORT COMPANY LIMITED .. .. .. (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. Explanation.- In this section “property” means property situate in India. No. 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. Where, however, the exact date is not known, plaintiff can mention the near about date when cause of action accrued. Particulars to be contained in plaint. 3. It is not limited to the actual infringement of the right sued on but includes all the material facts on which it is founded. x x x x x x x x, Advocate for the plaintiff Plaintiff. Note:-place for number should be left blank, which will be filled by the court officials. Concluding this note it can be stated that a greatly drafted plaint shows the quality of a good lawyer. 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. 2. Supreme Court in the recent case. It can be divided into short paragraph. B may sue A either in Calcutta or in Delhi". This article provides Format of Plaint. After the name of the plaintiff, name of the defendant or defendants should be written as per Rule 1(c), Order VII. Plaint. As the plaint starts the suit/case, drafting of a plaint is to be with utmost care without any loopholes and omissions. on the plaintiff is as stated above and come of ……………… advocate, Tirupati. Everything which if not proved would give the defendant a right to immediate judgment must be part of the cause of action. 5. Be mindful of the Tort of Negligence and the duty of care when you draft. 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. Fit and proper in the circumstance of the case. The word “Description” includes the name of father and other particulars of the plaintiff. Plaint drawn Sd/- sd/- Plantiff’s Advocate I, A son of B,theabovenamed plaintiff, do hereby declare and state that the contents of paras 1 to 5 of the plaint are true to my own knowledge and the contents of remaining paras of the plaint are based on information received from my advocate and I believe the same to be true. Ashwini Uma Mathad & Anr. Is it just enough to write in plain English? What extend did the Government of India Act 1935 contribute to the present Constitution of India? (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. 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. 2. 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. Number each paragraph if you are drafting … Check out an example letter that used this format.. 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. After you've listed the parties, double-space down to begin drafting the pleading. Then follows introductory sentences leading gradually into the material facts of the case. 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. Pleading to be signed : Order 6 Rule 14 C.P.C. Plaint. A plaint is the first step towards the initiation of a suit. (c) the cause of action, wholly or in part, arises. 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. Plaint should contain the name, residence, and description of the defendant. "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. Are you unsure how to use it for your situation? 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. THE TITLE:- After the heading, title should be written as per Rule 1 (b), Order VII. NOTE: For drafting the perfect plaint for the suit of partition one must keep in mind the principle laid down by. “A B, son of…………………………, r/o ……………………………………………., managing trustee Kalumal dharmshala etc”. (HC) UAD 2007, 423. Agencies Salem (1989) 2 SCC 163. 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”. Jurisdiction: Section 15, 16, 17, 18, 19 and 20 of the civil procedure code lay down the rules for the purpose of jurisdiction. 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. 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. A.B.C. ... plaint and also sets any new facts which tells in his favour, adding such objection as he wishes to take to the claim. Number each paragraph if you are drafting an answer to the original complaint. 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. 486 of the Laws of … (see section 17 of the code.). Sample Complaint Letter Template. Special plaints in suits by a licensor against his licencee by notice as per the licence agreement. Jurisdiction is determined on the place of the accident. (a) A, residing in Delhi, beats B in Calcutta. Appearance And Examination of the Parties in a Civil Suit, Salient Features of American Constitution, Write a short note on salient features of the Government of India Act, 1935 [BJS 1980]. The purpose of pleading is also to eradicate irrelevancy. Versus M/S Ponniamman Education, Trust 2012 (2) UAD 362. 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. Address: _____ _____ To, 1) Mr. R. Rajavel. When a plaintiff has some defects or problems in health or any type of disability, the Plaint should contain a statement of these effects. Janardhana Naidu, S/o. (3) The verification shall be signed by the person making it and shall state the date on which and the place at which it was signed. “In the court of district judge at Dehradun”. Your email address will not be published. Srinivasa Yadav ……..
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