WHAT IS PLAINT?
DEFINITION
A plaint is a private memorial tendered to a Court in which the person sets forth his cause of action.
EXPLANATION
It is the first process in an interior Court in the nature of an original with whereby aid of the Court is invoked. It corresponds to a “statement of the claim,” it should, therefore, be construed in its general sense as a petition of claims put in by a plaintiff in the Civil Court of original jurisdiction to initiate a civil suit.
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PARTICULARS OF PLAINT
The plaint shall
contain the following particulars:
1. The name of the Court in which the
suit is instituted.
2. The name, description (such as father’s
name, estate, etc. age, and profession), and place of residence of the plaintiff.
3. The name, description (father’s name,
profession, etc.), and place of residence of the defendant.
If the plaintiff does not in his own right but on behalf of another he
should state his relationship with the former, such as when the suit is brought
by a guardian on behalf of a minor the fact should be stated after the name of
the plaintiff. A similar procedure has to be followed in respect of the defendant.
Thus a minor or a person of unsound mind, who cannot be sued personally, should
be sued through the guardian or guardian ad litem. The name description of the
party concerned.
4. THE FACTS WHICH CONSTITUTE THE CAUSE OF ACTION AND THE TIME OF ITS ACCRUAL
CAUSE OF ACTION:
The expression ‘cause of action has not been defined in the Code of
Civil Procedure.
In an English case, it was defined as every fact it would be
necessary for the plaintiff to prove if traversed in order to support his right
to the judgment of the Court. It does not comprise every piece of evidence
that is necessary to prove each fact but every fact that is necessary to be
proved.
Meaning of cause of action
The cause of action means the whole bundle of material facts that it is
necessary for the plaintiff to prove in order to succeed in the case.
Whether or not certain facts constitute a cause of action has to be
determined in each case according to its particular circumstances. In this
respect, the substance and not the form have to be looked into. If several causes
of action are joined together the court must be one that has jurisdiction overall. Where the cause of action arises party at some other place and not at the
place where the insurance was effected, the suit may be instituted at either
place.
MULTIFARIOUSNESS:
The plaintiff may unite in the same suit several causes of action against
the same defendant or the same defendants jointly. This is known as a multifariousness
or joinder of defendants or causes of action.
The law on the point is stated in O. 1,r.3, and O.II, r.3 which provide
that all persons may be joined as defendants, against whom any right of relief
arising out of the same act or transaction, or series of acts or transactions,
is alleged to exist, whether jointly, severally, or in the alternative, where
if separate suits were brought against such persons any common question of law
or facts would arise. A plaintiff may also unite in the same suit several causes
of action against the same defendant, or the same defendant jointly; and any plaintiff having causes of action in which they are jointly interested against
the same defendant, or the same defendants jointly, may unite such causes of
action in the same suit.