Drafting, Pleadings and Appearances · Pleadings

Plaint: Contents, Drafting and Rejection

Updated 11 October 2026 · Fact-checked

A plaint is the written statement by which a plaintiff starts a civil suit. Under Order VII it must give the court's name, party details, cause of action, jurisdiction facts, relief claimed and valuation, and be verified. To draft one, follow the standard parts in order, attach documents, and check that none of the grounds for rejection applies.

Understand Plaint: Contents and Drafting

A plaint is the document that starts a civil suit. Section 26(1) of the Code of Civil Procedure, 1908 says every suit is instituted by the presentation of a plaint or in such other manner as may be prescribed. Section 26(2) says: "In every plaint, facts shall be proved by affidavit." The proviso adds that the affidavit shall be in the form and manner prescribed under Order VI Rule 15A. The official text notes that this proviso applies to commercial disputes of a specified value. So do not say the Rule 15A form is needed in every suit. This affidavit is separate from the verification of the pleading under Order VI Rule 15.

Think of the plaint as the plaintiff's whole case on paper. The court decides the suit on what is pleaded. If a fact or a relief is not in the plaint, the plaintiff will struggle to prove or claim it later. So a plaint must state material facts (the facts that make out the right and the breach), not the evidence and not the law arguments.

Order VII lists what a plaint must contain: the name of the court; the name, description and residence of the plaintiff and the defendant; a statement that a party is a minor or of unsound mind, where that is so; the facts that give rise to the cause of action and when it arose; the facts showing that the court has jurisdiction; the relief claimed; the amount of any set-off allowed or part of the claim given up; and the value of the subject matter for jurisdiction and court fees, as far as the case admits. Other rules add more: a money claim must state the precise amount, property must be described well enough to identify it, and if the suit looks time-barred the plaint must state the ground on which limitation is excused.

A plaint is organised in a fixed pattern: title (court and parties), body in numbered paragraphs, prayer, signature of the plaintiff or advocate, and verification. Documents the plaintiff relies on are listed and filed with it.

The court can reject a plaint at the start if it is fundamentally defective. Order VII Rule 11 lists the grounds. Rejection is decided on the plaint and its documents, not on the defendant's defence. If the plaint is rejected, the plaintiff can generally file a fresh plaint on the same cause of action, unless the suit is barred for other reasons such as limitation.

Key rules to remember

Section 26: institution of suit: Suit = plaint presented (or other prescribed manner); facts in every plaint to be proved by affidavit; Section 26(1) and (2). The proviso to s. 26(2) requires the affidavit to be in the form and manner under Order VI Rule 15A, and that proviso applies to commercial disputes of a specified value. Keep this affidavit separate from the Order VI Rule 15 verification.
Particulars of a plaint (Order VII Rule 1): Court + parties + disability of party + cause of action + jurisdiction + relief + set-off/relinquishment + valuation; Use this as a checklist. Add precise amount for money claims and description for immovable property.
Grounds for rejection (Order VII Rule 11): (a) No cause of action | (b) Relief undervalued and valuation not corrected in the time fixed by the court | (c) Relief properly valued but plaint on insufficient stamp paper, and stamp paper not supplied in the time fixed by the court | (d) Suit appears from the plaint to be barred by any law | (e) Not filed in duplicate | (f) Failure to comply with Rule 9 (copies for service); Remember the order (a) to (f). The test is the plaint as written. In (b) and (c), the court may extend the time only for reasons recorded, where refusing the extension would cause grave injustice to the plaintiff. Ground (d) covers any law, not only limitation.
Verification (Order VI Rule 15): Verified at the foot, with date and place, by the party or a person acquainted with the facts; paragraphs split into personal knowledge and information believed true; The verifier signs. This verification is separate from the s. 26(2) affidavit. An unverified plaint is a defect that can be cured, but never leave it out.
Documents relied on (Order VII): Documents the plaintiff sues upon are listed and produced with the plaint; A document not produced with the plaint may not be received later without the court's leave.

How to solve Plaint: Contents and Drafting questions

Whether the question says 'draft a plaint' or 'can this plaint be rejected', use the same method: read the facts as a court would, then check each particular.

1Read the facts and list parties, dates, amounts, property and the wrong done. Note any minor or person of unsound mind.
2Fix the court: decide the court by subject matter, value and territory, and state the facts that show jurisdiction.
3Write the title: name of court, suit number blank, plaintiff v. defendant with description and address.
4Plead the body in short numbered paragraphs in order of time: background, contract or right, breach, notice if any, cause of action and its date, limitation, jurisdiction, valuation and court fee.
5State the amount precisely if it is a money claim, and give interest details. Describe immovable property so it can be identified.
6Draft the prayer: each specific relief, then costs, then such other relief as the court deems fit. Do not leave out an alternative relief you may need.
7Add signature, then verification (personal knowledge versus information and belief) with place and date, and list the documents filed.
8If the question asks about rejection, test the plaint against each ground: cause of action, valuation, stamp, bar by law on the face of the plaint, duplicate and copies. Then give provision, analysis and conclusion.

Quickest way: Nine-line plaint skeleton

When to use it: When the question gives limited time and asks you to draft a plaint from a fact situation.

Write 'In the Court of ____' and the parties first. This earns marks at once.
Number paragraphs: 1 plaintiff, 2 defendant, 3 facts, 4 breach, 5 cause of action date, 6 jurisdiction, 7 limitation, 8 valuation and court fee.
Put the exact figures in the paragraphs. Do not round off.
Write the prayer as lettered sub-clauses, each with a specific relief.
Close with signature block and a two-limb verification clause, then a list of documents.

Common mistakes in Plaint: Contents and Drafting

Leaving out the date on which the cause of action arose.
Students describe the dispute but forget the rule asks for when it arose.
Fix: Add a separate paragraph: 'The cause of action arose on ____ when the defendant ____.' This also supports limitation.
Pleading evidence and legal arguments in the plaint.
Students want to show knowledge of law and cases.
Fix: State only material facts. Keep arguments for the hearing. Refer to the documents by list number.
Vague prayer such as 'pass any order'.
Students treat the prayer as a formality.
Fix: Claim each relief separately and specifically, then add costs and general relief. The court cannot easily grant what is not claimed.
Verifying every paragraph as true to personal knowledge.
Students copy a short verification clause.
Fix: Split paragraphs: those true to personal knowledge, and those on information believed to be true. Add place, date and signature.
Forgetting limitation and valuation paragraphs.
These feel like technical extras.
Fix: Always include a limitation paragraph, and a valuation and court fee paragraph. A suit barred on the face of the plaint can be rejected.
Saying a plaint can be rejected because the defendant has a good defence.
Students mix rejection with dismissal after trial.
Fix: Rejection looks only at the plaint and its documents. The defence in the written statement is not considered at this stage.

Worked examples

Example 1

Rohan Traders Pvt Ltd, Pune, supplied steel goods worth ₹12,50,000 to Meera Steels Ltd, Nashik, on 1 March 2025 on a 30-day credit. Meera Steels did not pay. Rohan Traders issued a legal notice on 10 May 2025, which went unanswered. It wants to claim the price with interest at 12% a year from 1 April 2025 to 30 September 2025, and it files the suit on 15 October 2025. Draft the main contents of the plaint and compute the total claim.

Show the solution

Compute interest: 12% of ₹12,50,000 = ₹1,50,000 a year. For six months (1 April to 30 September 2025) interest = ₹75,000. Interest is claimed in the sum only up to 30 September 2025.
Total claim = ₹12,50,000 + ₹75,000 = ₹13,25,000. This is the principal of ₹12,50,000 plus interest up to 30 September 2025.
Title: 'In the Court of the Civil Judge (Senior Division), Pune. Suit No. ___ of 2025. Rohan Traders Pvt Ltd, [address] ... Plaintiff v. Meera Steels Ltd, [address] ... Defendant.' Choose the court on valuation and where the defendant carries on business.
Facts: para 1 describes the plaintiff company and its authorised signatory; para 2 the defendant; para 3 the supply on 1 March 2025 with invoice and delivery challan; para 4 the credit term, under which payment was due on 31 March 2025, and the non-payment by that date; para 5 the notice of 10 May 2025 and no reply.
Cause of action: arose on 1 April 2025, when the payment became overdue after the due date of 31 March 2025, and continues till payment. Limitation: the suit is filed on 15 October 2025, a few months after the cause of action arose on 1 April 2025, and so is well within the three-year period.
Jurisdiction and valuation: defendant carries on business within the court's limits and the amount is within its pecuniary limit. Suit is valued at ₹13,25,000 for jurisdiction and court fee, which includes the interest up to 30 September 2025.
Prayer: (a) decree for ₹13,25,000; (b) pendente lite and future interest at a stated rate on the principal of ₹12,50,000 only, not on the ₹13,25,000 total, from 1 October 2025 till realisation. This also covers the days from 1 October to the filing on 15 October 2025, which are not in the ₹75,000; (c) costs; (d) any other relief.
Add signature, then verification. All paragraphs are verified. Factual paragraphs 1 to 5 are verified as true to personal knowledge, or on information from the company's records believed to be true. The limitation, jurisdiction and valuation paragraphs are verified too: their facts, such as dates and place of business, in the same way, and their legal averments as believed to be true on legal advice. Then list the documents filed: invoices, challan, ledger, notice and postal receipt.

Answer: Total claim is ₹13,25,000 (₹12,50,000 principal plus ₹75,000 interest up to 30 September 2025), with pendente lite and future interest claimed on the principal of ₹12,50,000 only. The plaint should have the standard title, numbered fact paragraphs, cause of action, jurisdiction and valuation paragraphs, a specific prayer, verification and a list of documents.

Example 2

Anil Pvt Ltd sues Bharat Ltd for the price of goods supplied. The plaint itself states that the price fell due on 1 March 2020 and that the suit is filed on 10 June 2025. The plaint pleads no acknowledgment, part-payment or other ground of extension. Bharat Ltd applies for rejection of the plaint. Decide.

Show the solution

Provision: the court can reject a plaint where, from the statement in the plaint, the suit appears to be barred by any law. Limitation is one such law.
Facts: the price is due on 1 March 2020 and the suit is filed on 10 June 2025, which is more than five years later. The general limitation for a suit for the price of goods sold and delivered is three years.
Analysis: the bar appears on the face of the plaint itself. The plaint does not plead any ground, such as a written acknowledgment, which could extend the period. The court does not need Bharat Ltd's defence or any evidence to see this.
Caution: if the plaint had pleaded an acknowledgment of liability, the question would become one of fact needing evidence. Then rejection would not be proper at this stage.
Conclusion: the plaint can be rejected on the ground that the suit appears barred by law.

Answer: The plaint is liable to be rejected because the suit appears from the plaint itself to be barred by limitation and no ground of extension is pleaded.

Exam tips

Answer drafting questions in the exact plaint format. Title, numbered paragraphs, prayer, signature and verification each carry marks.
For rejection questions, use the provision, analysis, conclusion pattern. Say that the test is the plaint and its documents, not the defence.
Use the facts given: names, dates and amounts. Show the arithmetic for interest or valuation.
Mention Section 26 when asked how a suit begins. State that s. 26(2) requires facts in a plaint to be proved by affidavit, and that the proviso on the Order VI Rule 15A form applies to commercial disputes of a specified value. Do not mix this affidavit with the verification under Order VI Rule 15.
Do not cite case names or rule numbers you are not sure of. Correct reasoning in plain words earns marks.

Practice questions from Pleadings

Plaint: Contents and Drafting: frequently asked questions

What must a plaint contain under Order VII?

It must contain the name of the court, the names and details of the parties, any disability of a party, the facts giving the cause of action and its date, the facts showing jurisdiction, the relief claimed, any set-off or relinquishment, and the valuation for jurisdiction and court fees. Money claims need a precise amount and property claims need an identifying description.

What are the grounds for rejection of a plaint?

Order VII Rule 11 lists six grounds: (a) the plaint shows no cause of action; (b) the relief is undervalued and the valuation is not corrected in the time fixed by the court; (c) the relief is properly valued but the paper is insufficiently stamped and stamp paper is not supplied in the time fixed; (d) the suit appears from the plaint to be barred by any law; (e) the plaint is not filed in duplicate; (f) Rule 9 (copies for service) is not complied with.

Is rejection of a plaint the same as dismissal of the suit?

No. Rejection happens at the threshold on the plaint itself, without trial. A dismissal follows a decision on the merits or on a preliminary issue. After rejection, a fresh plaint can generally be filed on the same cause of action, unless another bar applies.

How is a plaint verified?

The plaintiff or a person acquainted with the facts signs a verification at the foot under Order VI Rule 15, with date and place. It states which paragraphs are true to personal knowledge and which are true on information believed to be true. This is separate from Section 26(2), which requires facts in a plaint to be proved by affidavit; for commercial disputes of a specified value that affidavit must be in the form under Order VI Rule 15A.