Plaint

A plaint is the formal written statement filed by the plaintiff to institute a civil suit. It is the first and most critical pleading in a civil case — it defines the parties, sets out the facts constituting the cause of action, specifies the court's jurisdiction, and claims the relief sought. Every civil suit begins with a plaint, and the scope of the suit — what may be decided, what evidence may be led, and what relief may be granted — is limited to what the plaint discloses. The plaint is the plaintiff's solemn declaration of their case.

The Code of Civil Procedure, 1908 (Order VII) prescribes the mandatory contents of a plaint with great specificity. A plaint must contain: the name of the court; the name, description, and residence of the plaintiff; the name, description, and residence of the defendant; the facts constituting the cause of action and when it arose; the facts showing that the court has jurisdiction; the relief claimed; and where the plaintiff has allowed a set-off or relinquishment of a part of their claim, the amount so allowed or relinquished. Every plaint must also state the value of the subject matter for the purposes of jurisdiction and court fees.

The plaint's most critical component is the cause of action — the set of facts that entitle the plaintiff to the relief claimed. Every fact that the plaintiff relies on to establish their entitlement must be pleaded in the plaint. Facts not pleaded cannot be proved at trial, and relief not claimed cannot be granted. This principle — parties are bound by their pleadings — is one of the most important rules of civil procedure. The plaintiff cannot 'travel beyond the plaint' at trial by leading evidence of facts not alleged.

The amendment of a plaint after filing is governed by Order VI Rule 17 CPC. Amendment is allowed if it is necessary for the purpose of determining the real question in controversy between the parties, but the court may disallow an amendment that: (a) is sought after the commencement of trial and the applicant does not show that the amendment could not have been made with due diligence before; (b) introduces a new cause of action that is time-barred; or (c) changes the character of the suit substantially. In commercial disputes, Order VI Rule 17 is further restricted — no amendment of pleadings is allowed after the case management hearing date without leave of court.

For advocates drafting plaints, the fundamental disciplines are: (1) identify the cause of action precisely — every element must be pleaded; (2) correctly value the subject matter for jurisdiction and court fee purposes; (3) include all necessary parties as defendants; (4) set out the relevant jurisdiction facts specifically; (5) claim all reliefs sought — alternative reliefs should be claimed explicitly. A poorly drafted plaint can prejudice the entire case — facts not pleaded may not be allowed into evidence, and reliefs not claimed may not be granted even if the facts justify them.