Plaint — Structure, Essential Parts and Drafting Guide Under CPC 2026

What Is a Plaint?

A plaint is the first formal pleading filed by the plaintiff (the person initiating the suit) before the court, setting out the facts of the case, the legal basis for the claim, and the relief sought. Under Order 7 Rule 1 of the Code of Civil Procedure, 1908 (CPC): the plaint is the document that institutes the suit — every civil suit begins with the presentation of a plaint. The plaint defines the scope of the entire litigation — the court cannot grant relief beyond what is asked in the plaint, and issues are framed based on the plaint and the defendant's written statement. A well-drafted plaint is therefore critical to the success of any civil case.

Essential Parts of a Plaint — Order 7 Rule 1

1. Court Heading

State the name of the court where the plaint is being filed — "IN THE COURT OF THE [DISTRICT JUDGE / CIVIL JUDGE (SENIOR DIVISION) / METROPOLITAN MAGISTRATE], [CITY]." The court must have: pecuniary jurisdiction (value of the suit), territorial jurisdiction (cause of action/defendant's residence), and subject matter jurisdiction (type of dispute).

2. Suit Number

Left blank at filing — the court registry assigns the suit number upon filing. Format: "CIVIL SUIT NO. _____ OF 20XX."

3. Parties — Plaintiff and Defendant

Order 7 Rule 1(b)-(c): The plaint must state the name, description, and place of residence of the plaintiff and defendant. Description includes: age, parentage (son/daughter of), occupation, and full residential address. For companies: company name, CIN, registered office. For partnerships: firm name and all partners' names.

Representative capacity: If the plaintiff sues in a representative capacity (as executor, trustee, guardian, karta of HUF): state the capacity and the authority to sue — "The plaintiff, as the Executor of the Will of Late [Name], deceased..."

4. Facts Constituting the Cause of Action

Order 7 Rule 1(e): The plaint must state the facts constituting the cause of action — when it arose and whether it is within the limitation period. The cause of action is the BUNDLE OF MATERIAL FACTS that gives the plaintiff the right to sue. Each fact should be stated in a separate numbered paragraph, chronologically. Include: (a) the relationship between the parties, (b) the right of the plaintiff, (c) the obligation of the defendant, (d) the defendant's breach/violation, (e) the loss/injury suffered by the plaintiff, (f) the date when the cause of action arose (for limitation purposes).

5. Jurisdictional Facts

Order 7 Rule 1(f): State the facts showing the court has jurisdiction — pecuniary ("The value of the suit is Rs. [Amount] which is within this court's jurisdiction"), territorial ("The cause of action arose within the territorial limits of this court" OR "The defendant resides/carries on business within this court's jurisdiction"), and subject matter ("This court has jurisdiction to try suits of this nature").

6. Relief Claimed

Order 7 Rule 1(g): The relief claimed must be stated specifically. Types of relief: (a) Declaration: "The plaintiff be declared the rightful owner of the property..." (b) Injunction: "The defendant be restrained from [specific act]..." (c) Recovery of Money: "The defendant be directed to pay Rs. [Amount] to the plaintiff..." (d) Specific Performance: "The defendant be directed to execute the Sale Deed as per the Agreement..." (e) Damages: "The defendant be directed to pay Rs. [Amount] as compensation for [specific loss]..." (f) Possession: "The defendant be directed to deliver possession of the property to the plaintiff..."

7. Valuation for Court Fee and Jurisdiction

Order 7 Rule 1(h)-(i): State the value of the suit for: (a) court fee purposes (amount on which ad valorem court fee is paid), (b) jurisdiction purposes (determining which court has pecuniary jurisdiction). The valuation must be in accordance with the Court Fees Act and the Suits Valuation Act.

8. Verification

Order 6 Rule 15: Every plaint must be verified by the plaintiff (or an authorized person): "I, [Name], the plaintiff, do hereby verify that the contents of paragraphs [1-X] are true to my personal knowledge, and the contents of paragraphs [X+1-Y] are true to the best of my information and belief, and that nothing material has been concealed."

Structure — Complete Layout

[Court heading]

CIVIL SUIT NO. _____ OF 20XX

[Plaintiff details] ......... PLAINTIFF

VERSUS

[Defendant details] ......... DEFENDANT

SUIT FOR [type — declaration, injunction, recovery, specific performance]

The plaintiff most respectfully submits as under:

1. [First fact — parties, relationship]

2. [Second fact — background]

3-N. [Remaining facts — chronological, one per paragraph]

N+1. [Jurisdictional facts]

N+2. [Limitation statement]

N+3. [Cause of action statement]

PRAYER

In view of the above, the plaintiff prays that this court may be pleased to:

(a) [Specific relief 1]

(b) [Specific relief 2]

(c) Cost of the suit

(d) Any other relief as this court may deem fit and proper

VERIFICATION

[Verification as per Order 6 Rule 15]

Filed through: [Advocate Name, Bar Council No.] / In Person

Date: [Date] | Place: [City]

Common Drafting Mistakes

(a) Mixing facts with evidence: State FACTS ("The defendant borrowed Rs. 10 lakh on March 1, 2023") — not evidence ("The plaintiff will produce the loan agreement and bank statement"). (b) Vague cause of action: State specifically HOW and WHEN the defendant violated the plaintiff's right. (c) No jurisdictional facts: The court may return the plaint if jurisdiction is not established. (d) Vague prayer: "Any other relief" alone is insufficient — there must be at least one SPECIFIC prayer. (e) Wrong valuation: Under/overvaluation leads to court fee issues and jurisdictional challenges. (f) Not stating limitation: The plaint must show the suit is within limitation — otherwise it may be rejected under Order 7 Rule 11.

Rejection of Plaint — Order 7 Rule 11

The court SHALL reject the plaint if: (a) it does not disclose a cause of action, (b) the relief claimed is undervalued and not corrected, (c) insufficient court fee paid and not corrected, (d) the suit appears barred by law (limitation, res judicata). Rejection is WITHOUT prejudice — the plaintiff can file a fresh suit (unless the limitation period has expired). The order of rejection is appealable under Order 43 Rule 1(a).