Table of contents

1. Frequently Asked Questions (FAQs)

2. Draft

Frequently Asked Questions (FAQs)

  1. What is Order VII Rule 1 of the Code of Civil Procedure, 1908?
    Order VII Rule 1 of the CPC specifies the essential contents of a plaint, which is the legal document initiating a civil suit. It lists the necessary details that must be included in a plaint to make it legally valid.

  2. What are the essential particulars that must be included in a plaint under Order VII Rule 1?
    As per Order VII Rule 1, a plaint must contain the following:
    1. The name of the court in which the suit is filed.

    2. The name, description, and place of residence of the plaintiff.

    3. The name, description, and place of residence of the defendant.

    4. The facts constituting the cause of action and when it arose.

    5. The jurisdictional basis of the court to entertain the suit.

    6. The relief claimed by the plaintiff.

    7. The valuation of the suit for jurisdiction and court fee purposes.

    8. A statement regarding compliance with the Limitation Act, 1963.

  3. Why is compliance with Order VII Rule 1 important?
    Failure to comply with Order VII Rule 1 may result in the rejection of the plaint under Order VII Rule 11, which deals with cases where the court finds the plaint defective, lacking cause of action, or improperly drafted.

  4. What is the purpose of including the ‘cause of action’ in the plaint?
    The cause of action refers to the set of facts that give rise to the plaintiff's legal claim. Without stating the cause of action, the court cannot determine whether the suit is maintainable.

  5. What happens if the jurisdiction of the court is not properly mentioned?
    If the plaintiff fails to establish the jurisdiction of the court, the defendant may challenge the suit, leading to its dismissal for lack of territorial, pecuniary, or subject matter jurisdiction.

  6. What is the significance of mentioning the valuation of the suit?
    The valuation of the suit determines:
    • The court fees payable under the Court Fees Act, 1870.

    • The jurisdiction of the court (e.g., small causes, district, or high court).

  7. What is meant by the ‘statement of limitation’ in a plaint?
    A plaintiff must confirm that the suit is filed within the prescribed limitation period as per the Limitation Act, 1963. If the suit is time-barred, the court may reject it unless the plaintiff provides valid reasons for the delay.

  8. Can a plaint be amended after it is filed?
    Yes, under Order VI Rule 17 of CPC, a plaint can be amended with the court’s permission if the amendment is necessary for determining the real issues of the case.

  9. What happens if the plaint lacks any of the required particulars?
    If a plaint is incomplete, the court may:
    • Direct the plaintiff to rectify defects.

    • Reject the plaint under Order VII Rule 11 CPC if defects are serious and non-curable.

  10. What is the difference between rejection of plaint and dismissal of suit?
    • Rejection of plaint (Order VII Rule 11): The suit is not entertained due to fundamental defects in the plaint. The plaintiff can file a fresh suit after correcting defects.

    • Dismissal of suit: The case is adjudicated, and the court decides in favor of one party, often barring refiling.

Draft

IN THE HONOURABLE DISTRICT COURT AT SURAT
CIVIL SUIT NO. 34 OF 2025

BETWEEN

Mr. Rajesh Mehta,
S/o Late Mr. Dinesh Mehta,
Resident of 12, Green Park Society,
Surat – 395001.

…PLAINTIFF

Versus

Mr. Arun Sharma,
S/o Mr. Mohan Sharma,
Resident of 45, Sunview Apartments,
Surat – 395003.

…DEFENDANT

PLAINT FILED UNDER ORDER VII RULE 1 OF THE CODE OF CIVIL PROCEDURE, 1908

MOST RESPECTFULLY SHOWETH:

  1. That the Plaintiff is a law-abiding citizen of India and is engaged in the business of textile trading in Surat, Gujarat.

  2. That the Defendant is also engaged in the textile industry and had entered into a supply agreement with the Plaintiff on March 15, 2024, wherein the Plaintiff agreed to supply raw fabric material worth ₹12,50,000/- (Rupees Twelve Lakh Fifty Thousand Only) to the Defendant.

  3. That as per the terms of the agreement, the Defendant was required to make the full payment within 90 days from the date of delivery of goods, i.e., by June 15, 2024.

  4. That the Plaintiff fulfilled his obligations and delivered the raw fabric material to the Defendant on March 20, 2024, as evidenced by invoices and delivery receipts annexed herewith.

  5. That despite repeated reminders and legal notices dated July 1, 2024, and August 10, 2024, the Defendant has failed to make the payment, thereby causing financial hardship and mental agony to the Plaintiff.

  6. That the Defendant is liable to pay the principal amount of ₹12,50,000/- along with an interest of 18% per annum from the due date till the date of realization of the entire sum.

  7. That this Hon’ble Court has jurisdiction to entertain and try this suit as the cause of action arose within the territorial limits of this Hon’ble Court.

  8. That the Plaintiff has complied with all legal requirements and no suit on the same cause of action has been filed before any other court.

PRAYER:

In view of the foregoing facts and circumstances, the Plaintiff most respectfully prays that this Hon’ble Court may be pleased to:

  1. Pass a decree in favor of the Plaintiff and against the Defendant for a sum of ₹12,50,000/- along with 18% per annum interest from June 15, 2024, till realization.

  2. Grant costs of this suit to the Plaintiff.

  3. Pass any other relief(s) as this Hon’ble Court may deem fit in the interest of justice.

AND FOR THIS ACT OF KINDNESS, THE PLAINTIFF AS IN DUTY BOUND SHALL EVER PRAY.

PLACE: Surat
DATE: March 5, 2025

(RAJESH MEHTA)
Plaintiff

Through Advocate _____

VERIFICATION

I, Rajesh Mehta, the Plaintiff herein, do hereby solemnly affirm and declare that the contents of the above plaint are true and correct to the best of my knowledge and belief.

PLACE: Surat
DATE: March 5, 2025

(RAJESH MEHTA)
Plaintiff