RECOVERY OF MONEY, IMMOVEABLE PROPERTY, SUIT AFTER EXPIRATION PERIOD, RELIEF CLAIMED ARE IMPORTANT COMPONENT OF PLAINT

 


1. WHERE THE PLAINTIFF SEEKS THE RECOVERY OF MONEY:

The plaint shall state the precise amount claim; but where the plaintiff uses for mesne profits or for an amount which will be found due to him taking unsettled accounts between him and the defendant, the plaint shall state approximately the amount used for.

2. IMMOVABLE PROPERTY:

Where the subject matter of the suit is immovable property, the plaint shall contain a description of the property sufficient to identify it such as by boundaries, or numbers or numbers in revenue records should be given.

3. REPRESENTATIVE CHARACTER

 when the plaintiff sues in a representative character the plaint shall show not only that he has an actual existing interest in the subject matter but that he has taken the steps (if any) necessary to enable him to institute a suit concerning it.



There are some cases in which the law requires probate or letters of administration, etc. Where a person dies leaving a will the executor named in the will may obtain probate of the will. Where a person can file a suit in a representative character. Probate is required in the case of Europeans, Parsis, Jews, and Hindus but not in the case of Muslims. Nor are the letters of administration required in the case of persons professing the faith of Islam. When any such document is required to enable a party to file a suit the plaint must show that such a step has been taken.

4. INTERESTED IN THE SUBJECT-MATT

 The plaint shall show that the defendant is or claims to be interested in the subject –matter and that he is liable to be called upon to answer the plaintiff’s demand.

5. EXPIRATION OF THE PERIOD

 Where the suit is instituted after the expiration of the period prescribed by the law of limitation, the plaint shall show the ground upon which exemption from such law is claimed.

The grounds on which exemption from limitation prescribed by law can be claimed have been specified in Sections 12 to 20 of the Limitation Act, 1908. If no ground of exemption is shown the plaint shall be rejected but it cannot be rejected merely because the exemption has not been claimed specifically. The law only requires that the plaint shall show the ground of exception.

6. SPECIFIC RELIEF

 Every plant shall state specifically the relief claimed either simply or in the alternate, and it shall not be necessary to ask for general or other relief which may be given by the Court always even without asking for it.

All reliefs claimed must be specifically stated in the plaint whether it be damaged, the injunction, declaration or appointment or receiver, etc. a plaintiff who omits, except with the leave of the Court, to sue for all the reliefs to which he may be entitled in respect of the same cause of action will not afterward be allowed to sue for any relief thus omitted. It is, however, not necessary to ask for general reliefs which the Court is in its discretion itself empowered to give.       


law and learning by Nasra ikram

I am an attorney in Pakistan, Practicing law since 2009 and M.A Political Science. I’m a dedicated and experienced lawyer offering my services to assist clients with drafting contracts, agreements, Will, Deed, Cease and Desist letter and others with understanding of complexities of legal requirements, intellectual property, review documents and legal consultation on all types of litigations i.e. Family, Civil, Banking and others I'm also freelancer at Upwork and Fiverr My others skills are: I. Content Writing II. Website Development III. Graphic Designing IV. Virtual Assistance V. Ecommerce VI. WordPress VII. Video Editing VIII. Autocade I'm also tutor and teaches LLB all subjects.

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