Drafting of Plaint – Statutory Essentials, Structure and Practical Insights (Civil Litigation Drafting – Module 3)

This module builds upon the principles discussed in Module 2, which dealt with the general rules of pleadings under the Code of Civil Procedure, 1908. While those foundational rules apply equally to plaints and written statements, the present module is specifically focused on the drafting of a plaint. It examines the statutory requirements, structure, and practical aspects of plaint drafting, with emphasis on compliance with Order VII of the CPC and prevailing court practice.

TABLE OF CONTENTS 

1. Introduction to Plaint Drafting

2. Legal Framework Governing Plaint

3. Essentials Rules for Drafting of Plaint

4. Format and Structure of the Plaint

5. Exhibits attached to the Plaint

6. Practical Tips for Drafting of Plaint

7. Sample format of the Plaint – Suit for Eviction, Recovery of Possession and Recovery of Arrears of Rent

1. INTRODUCTION TO PLAINT DRAFTING

The plaint is the foundation of a civil suit, as it sets out the plaintiff’s case and defines the scope of adjudication. Though the Code of Civil Procedure, 1908 does not expressly define the term plaint, Order VI Rule 1 clarifies that pleadings consist of the plaint and the written statement. Proper drafting of a plaint is crucial, as it enables the plaintiff to clearly place material facts, the cause of action, and the reliefs sought before the court. A well-drafted plaint narrows the scope of dispute, assists the court in identifying the real issues, and facilitates effective adjudication.

Defective or careless drafting of a plaint may lead to serious adverse consequences such as rejection of the plaint, procedural delays, or adverse orders. Order VI of the CPC lays down the general rules governing pleadings, while Order VII prescribes the mandatory requirements of a plaint. Every plaint must therefore be drafted strictly in accordance with the provisions of Orders VI and VII. It is essential for practitioners to thoroughly study and understand these provisions in order to draft an effective and legally compliant plaint.

 

2. LEGAL FRAMEWORK GOVERNING PLAINT

The drafting and institution of a plaint are governed by specific statutory provisions and procedural rules under the Code of Civil Procedure, 1908, and the relevant rules framed by the High Courts. The principal legal framework includes:

i.        Order VI CPC – Pleadings in general

ii.      Order VII CPC – Plaint

iii.    Section 26 CPC – Institution of suits

iv.    Civil Manual issued by the Bombay High Court – Chapter V

v.      Bombay High Court Original Side Rules – Applicable to suits on the Original Side

 

3. ESSENTIAL RULES FOR DRAFTING OF PLAINT

A. Particulars to Be Contained in a Plaint (Order VII Rule 1 CPC) - 

Every plaint shall contain the following particulars:

(a) the name of the court in which the suit is instituted;
(b) the name, description, and place of residence of the plaintiff;
(c) the name, description, and place of residence of the defendant, so far as ascertainable;
(d) a statement where either party is a minor or a person of unsound mind;
(e) the facts constituting the cause of action and the date of its accrual;
(f) the facts establishing the jurisdiction of the court;
(g) the reliefs claimed by the plaintiff;
(h) details of any set-off allowed or portion of the claim relinquished, if any; and
(i) the value of the subject-matter of the suit for the purposes of jurisdiction and court fees, as far as the case admits.

 

B. Mandatory Disclosures in the Plaint (Order VII CPC)

i. Representative Capacity
Where the plaintiff sues in a representative character, the plaint shall disclose the plaintiff’s existing interest in the subject-matter and the steps taken, if any, to entitle him to institute the suit (Order VII Rule 4).

ii. Defendant’s Interest and Liability
The plaint shall show that the defendant is or claims an interest in the subject-matter and is liable to answer the plaintiff’s demand (Order VII Rule 5).

iii. Disclosures in Specific Categories of Suits

a. Money Suits
In suits for recovery of money, the plaint shall state the precise amount claimed. Where the claim relates to mesne profits, unsettled accounts, movables in possession of the defendant, or debts whose value cannot be accurately estimated despite due diligence, the plaint shall state an approximate amount or value (Order VII Rule 2).

b. Suits Relating to Immovable Property
Where the subject-matter of the suit is immovable property, the plaint shall contain a description sufficient to identify the property, including boundaries or survey/settlement numbers where available (Order VII Rule 3).

C. Application of Rules of Pleadings in Drafting of Plaint

The drafting of a plaint must strictly comply with the rules governing pleadings as prescribed under Order VI of the Code of Civil Procedure, 1908. The principles, rules, and practical aspects relating to pleadings have been dealt with in Module 2 of this series, which may be accessed at the following link:

https://www.ravindraslegal.com/2025/12/Drafting-of-Pleadings-Principles-Rules-and-Practical-Insights.html

 

D. Form of the Plaint

The forms prescribed in Appendix A to the Code of Civil Procedure shall be used for drafting pleadings wherever applicable. Where no specific form is prescribed, forms of a like character shall be adopted as nearly as possible, in accordance with Order VI Rule 3 CPC.

 

E. Parties to the Suit

While drafting a plaint, the draftsman must carefully examine the facts to determine who should be impleaded as parties to the suit. Improper joinder or non-joinder may lead to procedural objections or dismissal of the suit.

1. Necessary and Proper Parties – Persons whose presence is essential for effective adjudication must be impleaded.
2. Joinder of Plaintiffs – Multiple plaintiffs may be joined where the right to relief arises from the same act or transaction.
3. Misjoinder of Plaintiffs – Improper joining of plaintiffs having no common cause of action.
4. Joinder of Defendants – Defendants may be joined where the relief claimed arises from the same transaction or series of transactions.
5. Misjoinder of Defendants – Improper inclusion of defendants against whom no relief is claimed.

 

F. Cause of Action

Cause of action means every material fact which the plaintiff must prove in order to obtain a judgment in his favour. It includes all facts which, if traversed, would be necessary to establish the plaintiff’s right to relief. Where relief is claimed on the basis of multiple distinct causes of action founded on separate grounds, they shall be stated separately and distinctly, as far as practicable (Order VII Rule 8 CPC).

 

G. Jurisdiction of the Court (Sections 15–20 CPC)

The plaint must disclose facts establishing the jurisdiction of the court. Jurisdiction is broadly classified into:

1. Subject-matter jurisdiction – Authority of the court to try the nature of the suit.
2. Territorial jurisdiction – Geographical limits within which the court may exercise jurisdiction.
3. Pecuniary jurisdiction – Monetary limits of the court’s authority.

 

H. Valuation and Court Fees

Every suit must be properly valued for the purposes of jurisdiction and court fees. Valuation shall be determined in accordance with the Suits Valuation Act, 1887 and the applicable State Court Fees Act, such as the Maharashtra Court Fees Act, 1959.

 

I. Limitation Period

A suit must be instituted within the prescribed period of limitation. Where a suit is filed beyond the limitation period, the plaint shall specifically disclose the grounds on which exemption from limitation is claimed (Order VII Rule 6 CPC).

 

J. Relief

Every plaint shall specifically state the reliefs claimed, either simply or in the alternative. It is not necessary to claim general relief, as the court may grant appropriate relief even if not expressly prayed for, subject to law (Order VII Rule 7 CPC). Where reliefs are founded on distinct causes of action, they shall be stated separately (Order VII Rule 8 CPC).

 

K. Production of Documents Relied Upon (Order VII Rule 14 CPC)

Where the plaintiff sues upon or relies upon documents in support of the claim, such documents shall be entered in a list and produced in court at the time of presentation of the plaint, along with copies. Where the documents are not in the plaintiff’s possession or power, the plaint shall, wherever possible, disclose in whose possession they are.

 

L. Signature and Verification of the Plaint

The plaint shall be signed by the party and the pleader, if any. Where the party is unable to sign due to absence or other sufficient cause, it may be signed by a duly authorised person on his behalf, in accordance with Order VI Rule 14 CPC.

 

M. Rejection of Plaint (Order VII Rule 11 CPC)

A plaint is liable to be rejected by the court on the grounds specified under Order VII Rule 11 of the Code of Civil Procedure, 1908. It is essential for practitioners to be aware of these grounds at the drafting stage to avoid rejection of the plaint. A plaint may be rejected where:

(a it does not disclose a cause of action;
(b) the relief claimed is undervalued and the plaintiff, on being required by the court to correct the valuation, fails to do so within the time fixed;
(c) the plaint is insufficiently stamped and the deficiency is not made good within the time allowed;
(d) the suit appears from the statements in the plaint to be barred by any law, including limitation;
(e) the plaint is not filed in duplicate; or
(f) the plaintiff fails to comply with the provisions of Order VII Rule 9 CPC.

 

4. FORMAT AND STRUCTURE OF THE PLAINT

A plaint should follow a clear and systematic structure so as to present the plaintiff’s case effectively and in compliance with the Code of Civil Procedure, 1908.

A. Title of the Plaint

·         Name of the court

·         Nature and type of the suit

B. Description of Parties

·         Name, status, and address of the plaintiff

·         Name, status, and address of the defendant

C. Body of the Plaint (Essential Clauses)

1.      Status of the Plaintiff - Brief statement describing the legal status and capacity of the plaintiff.

2.   Status of the Defendant - Brief statement describing the legal status and capacity of the defendant and its relation with the plaintiff.

3.    Facts of the Case - Chronological narration of material facts, including relevant dates, events, nature of breach, grounds of grievance, and violation of the plaintiff’s rights.

4.      Cause of Action - Statement of facts constituting the cause of action and the date(s) on which it arose.

5.   Declaration as to Alternative Remedy - Statement that no alternate or efficacious remedy is available to the plaintiff except by filing the present suit.

6.      Declaration as to Jurisdiction - Statement establishing the court’s jurisdiction—subject-matter, territorial, and pecuniary.

7.      Declaration as to Limitation - Statement that the suit is filed within the prescribed period of limitation.

8.    Valuation of the Suit and Court Fees - Statement regarding valuation of the suit for jurisdiction and court fees and confirmation of payment of appropriate court fees.

9.      Declaration Regarding Other Proceedings - Statement that no other proceedings in respect of the same subject-matter are pending or have been filed before any court.

10.  Declaration Regarding Caveat - Statement that no caveat has been received or is known to have been filed by the defendant.

11.  Documents Relied Upon - Prayer seeking leave of the court to refer to and rely upon the list of documents annexed to the plaint and such other documents as may be necessary and relevant when produced.

12.  Liberty to Amend - Prayer seeking liberty to add to, alter, or amend the pleadings, if necessary.

D. Prayer Clause

·         Specific reliefs claimed, including alternative or consequential reliefs, if any.

E. Date and Place

         i.            Date of filing

        ii.            Place of filing

F. Signature and Verification

1.      Signature of the plaintiff and the advocate for the plaintiff

2.      Verification by the plaintiff in accordance with Order VI Rule 15 CPC

 

5. EXHIBITS ATTACHED TO THE PLAINT

The documents annexed to a plaint form an integral part of civil proceedings, as they support the pleadings and assist the court at the initial stage. The practice relating to annexures and exhibits varies depending on the forum. The commonly followed practice before courts in Maharashtra is outlined below.

A. Practice Before Mumbai City Civil Court and Original Side of the Bombay High Court

i.           Index Memo – A consolidated index of all papers filed with the plaint in the prescribed sequence.

ii.         Gist of Prayer – A brief summary of the reliefs sought for ready reference of the court.

iii.        Roznama – A docket sheet reflecting the procedural history of the case

iv.          Plaint – The pleading containing the plaintiff’s case and reliefs claimed.

v.        Vakalatnama – Authorisation in favour of the advocate to act and plead on behalf of the plaintiff

vi.       Memorandum of Registered Address – Statement of the address for service of notices and processes.

vii.       List of Documents – A list of documents relied upon by the plaintiff in support of the claim

viii.  Affidavit in Support of the Plaint – Affidavit affirming the correctness of the pleadings and documents.

ix.     Docket Page – Court record page maintained for endorsements and administrative entries.

B. Practice Before Civil Courts in Maharashtra (Other Than Mumbai) – As per Civil Manual -

i.                    Plaint – Exhibit 1 – The main pleading setting out the plaintiff’s case.

ii.                  Vakalatnama – Exhibit 2 – Authorisation of the advocate representing the plaintiff.

iii.                List of Documents – Exhibit 3 – Index of documents relied upon by the plaintiff.

iv.                Address Memo – Exhibit 4 – Address for service of summons and notices.

v.               Application for Temporary Injunction – Exhibit 5 – Application seeking interim relief, if any.

vi.         Affidavit in Support of Exhibit 5 – Exhibit 6 – Affidavit supporting the interim application.

vii.           Affidavit in Support of the Plaint – Exhibit 7 – Affidavit verifying the plaint and annexures.

 

6. PRACTICAL TIPS FOR DRAFTING OF PLAINT

i. Draft the facts in a clear chronological sequence, ensuring logical flow and clarity.

ii. Confine the plaint to material facts; avoid arguments, emotions, and legal submissions.

iii. Ensure complete consistency between pleadings and the documents relied upon

iv. Draft reliefs with precision, as reliefs not specifically pleaded cannot ordinarily be granted

v. Anticipate the probable defence while drafting the plaint, without incorporating rebuttal arguments.  Avoid suppression or exaggeration of facts

vi. Use simple, precise language and short, numbered paragraphs to enhance readability and clarity.

 

7. SAMPLE DRAFT OF PLAINT - SUIT FOR EVICTION, RECOVERY OF POSSESSION AND RECOVERY OF ARREARS OF RENT

Download Link - Click here to download sample plaint format