How to File a Civil Suit in India: A Step-by-Step Guide

In India, a civil suit is a legal procedure used to settle non-criminal conflicts. These conflicts may centre on things like money recovery, property disputes, family concerns, or contract violations.

This blog will guide you through the concept of a civil suit, the important points to mention in a suit, and provide a demo civil suit for your reference.

What is a Civil Suit?

A civil suit is a legal action brought by one person or organisation (the plaintiff) against another (the defendant) in order to settle disagreements over rights, responsibilities, or damages. Unlike criminal proceedings, civil claims concentrate on obtaining remedy, such as declarations, injunctions, or compensation, rather than criminal accusations.

For example:

A landlord suing a tenant for unpaid rent.
A customer suing a company for delivering defective goods.
A family member contesting a will.

The process is governed by the Code of Civil Procedure, 1908 (CPC), which provides detailed guidelines for filing and pursuing civil litigation.

Important Points to Mention in a Civil Suit

A civil action must have specific components in order to be deemed legitimate and accepted by the court. The essential points are as follows:

1. Parties to the Suit

· Clearly identify the plaintiff (the party bringing the lawsuit) and the defendant (the party being sued).

Include full names, addresses, and legal status.

2. Jurisdiction

· Determine which court is best for filing the lawsuit. Jurisdiction is established through:

1. The place where the activity gave rise.

2. Where the defendant resides or operates their company.

3. The suit's financial worth, or the whole amount of money at stake.

3. Cause of Action

· Describe the sequence of incidents or causes that resulted in the disagreement. This lays forth the claim's foundation and the plaintiff's legal right to bring the lawsuit.

4. Relief Sought

Clearly specify the remedies or reliefs you are seeking, such as:

Monetary compensation.
Injunction (a court order preventing certain actions).
Declaration of rights or ownership.

5. Facts of the Case

· Give a thorough and chronological explanation of the circumstances that led to thedisagreement. Steer clear of extraneous information and be exact.

Mention any prior communication or attempts at resolution.

6. Legal Grounds

· Cite any applicable laws, agreements, or contracts to back up your assertion. This helps the court understand why the requested relief is warranted.

7. Court Fee

· In accordance with the relevant state regulations, pay the required court charge. The litigation cannot proceed without this.

8. Documents and Evidence

Attach supporting documents, such as agreements, invoices, emails, or photographs, to substantiate your claims.

9. Verification

At the end of the plaint, the plaintiff must include a verification clause stating that the facts provided are true to their knowledge and belief.

Demo Civil Suit

Below is a sample draft of a civil suit for reference:

IN THE COURT OF [SPECIFY COURT NAME]

[CITY, STATE]

Civil Suit No. [______] of 20[]

Between

Mr. ABC,

S/o Mr. XYZ,

Address: [Full Address of Plaintiff]

... Plaintiff

AND

Mr. DEF,

S/o Mr. LMN,

Address: [Full Address of Defendant]

... Defendant

Plaint

The Plaintiff respectfully states as follows:

1. The Parties

The Plaintiff, Mr. ABC, is the owner of [property/goods] located at [address].
The Defendant, Mr. DEF, is a resident of [address], engaged in [business/profession].

2. Jurisdiction

· The plaintiff argues that this Honourable Court has the authority to hear the current case because the cause of action occurred within its boundaries and the suit's worth is within its financial jurisdiction.

3. Cause of Action

On [date], the Plaintiff and Defendant entered into an agreement where the Defendant agreed to [specify agreement terms].
Despite repeated reminders, the Defendant has failed to [mention breach, e.g., pay the agreed amount/deliver goods].

4. Facts of the Case

On [date], the Plaintiff issued an invoice of ₹[amount], which remains unpaid.
The Defendant acknowledged the debt via email dated [date] but failed to make the payment.
All attempts to resolve the matter amicably have failed.

5. Relief Sought

The Plaintiff humbly prays for the following reliefs:

A decree for ₹[amount] along with [specific interest rate] from the Defendant.
Costs of the suit and any other relief deemed fit by the Hon’ble Court.

6. Legal Grounds

The Plaintiff relies on the provisions of [relevant law, e.g., the Indian Contract Act, 1872] and the agreement dated [date] to support the claim.

7. Documents Relied Upon

The Plaintiff attaches the following documents:

Copy of the Agreement dated [date].
Invoice dated [date].
Email acknowledgment by the Defendant dated [date].

Verification

I, Mr. ABC, do hereby verify that the statements made in paragraphs [1 to X] are true to my knowledge and belief.

Place: [City]

Date: [Date]

(Signature)

Plaintiff

What Is Plaint Order 7

INTRODUCTION

A "plaint" in the context of the Code of Civil Procedure (CPC) in India is a formal statement of claim submitted by a plaintiff to initiate a civil lawsuit. In simple words, it is the pleading of the plaintiff, outlining the plaintiff's allegations, the legal basis for the claim, and the relief or remedy sought from the court. The provisions related to the plaint are detailed in the Order VII of Code of Civil Procedure, 1908.

PLAINT

The Karnataka High Court attempted to define what a plaint is in the case of Girija Bai v. Thakur Das (1967) as "A plaint can be said to be a statement of claim, a document by the presentation of which the suit is instituted. Its object is to state the grounds upon which the assistance of the court is sought by the plaintiff. It is the pleading of the plaintiff."

The presentation of a plaint, i.e. the pleading of the plaintiff in a suit, marks the institution of a civil suit. Section 26 states that every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed. The plaint is the foundational document that sets the legal process in motion.

Particulars of Plaint

As per Order VII Rule 1, every plaint should contain the following particulars

The name of the court in which the suit is brought;
The name, description and place of residence of the plaintiff;
The name, description and place of residence of the defendant;
Where the plaintiff or defendant is a minor or a person of unsound mind, a statement to that effect;
The facts constituting the cause of action and when it arose;
The facts showing that the court has jurisdiction;
A statement of the value of the subject-matter of the suit for the purpose of jurisdiction and court fees;
The relicts claimed by the plaintiff, simply or in the alternative;
Where the plaintiff files a suit in a representative capacity, the facts showing that the plaintiff has an actual existing interest in the subject matter and that he has taken steps that may be necessary to enable him to file such a suit.
Where the plaintiff has allowed a set-off or relinquished a of his claim, the amount so allowed or relinquished portion;
Where the suit is for recovery of money, the precise amount claimed;
Where the suit is for accounts or mesne profits or for movables in the possession of the defendant or for debts which cannot be deter- mined, the approximate amount or value thereof;

Where the subject-matter of the suit is immovable property a description of the property sufficient to identify it, e.g. boundaries, survey numbers, etc.

Return of Plaint

Return of Plaint means that when a court determines it has no jurisdiction to try a suit presented before it, the trial court may issue an order to return the Plaint, allowing it to be presented to the proper court.

The provisions regarding the return of plaint are outlined under Order VII Rules 10, 10A, and 10B of Code of Civil Procedure, 1908. If the court finds it lacks jurisdiction over the suit, it can return the Plaint by an order, directing it to be presented in the appropriate court. The jurisdictional defect can be territorial, pecuniary, or subject matter-related.

Procedure for Returning the Plaint

When a plaint is returned, the court is required to endorse the following particulars on the plaint as per Rule 10(2):

Date of Presentation;
Date of Returning;
Name of the party which presented the plaint:
Reasons for returning the plaint.
Power of the Court to Fix a Date of Appearance

As per Rule 10-A(1), if the court decides to return the Plaint due to non-jurisdiction after the defendant has appeared, it must first inform the plaintiff of its decision.

As per Rule 10-A(2), upon receiving such notice, the plaintiff may apply to the court, specifying the court in which he proposes to present the Plaint after its return. The plaintiff can request the court to fix a date for the appearance of the parties in the said court and to notify both him and the defendant of this date.

As per Rule 10-A(3), when such an application is presented by the plaintiff, the court must, before returning the plaint and notwithstanding the order for the return of the plaint due to lack of jurisdiction

Fix a date for the appearance of the parties in the court where the plaint is to be presented;

Notify both the plaintiff and the defendant of this date for appearance.

As per Rule 10-A(4), once the notice of the appearance date is served, it is not necessary for the court in which the plaint is presented after its return to serve the defendant with a summons for appearance, unless the court specifically directs otherwise for recorded reasons.

Power of Appellate Court to Transfer Suit to the Proper Court: As per Rule 10-B, when an appeal against an order to return a plaint is upheld, the appellate court may, upon the plaintiff's request, direct the plaintiff to file the plaint in the appropriate court subject to the provisions of the Limitation Act, 1963.

The appellate court may also set a date for the parties to appear in the designated court. If such a date is fixed, the designated court does not need to serve the defendant with a summons for appearance, unless it decides otherwise for recorded reasons.

In the case of Amar Chand v. Union of India, (1973), it was held that when a plaint is filed in the proper court after being returned by a wrong court, it is not considered a continuation of the original suit. The suit is deemed to commence when the plaint is filed in the proper court. Hence, the trial starts de-novo after the plaint is returned.

The order of returning the plaint is appealable under Order 43 Rule 1.

Rejection of Plaint

Order VII Rule 11 deals with Rejection of Plaint under CPC. The provision of Order VII Rule 11 is mandatory in nature. It states that the plaint "shall" be rejected if any of the grounds specified in clause (a) to (e) of Rule 11 are made out.

The whole purpose of conferment of powers under this provision is to ensure that a litigation which is meaningless, and bound to prove abortive, should not be permitted to waste judicial time of the court as held in the case of Azhar Hussain v. Rajiv Gandhi (1986).

Rule 11 provides for 6 grounds for rejection of Plaint. The plaint shall be rejected in the following cases

Non-Disclosure of Cause of Action

The term "cause of action" implies a right to sue. It encompasses the material facts that are essential for the plaintiff to allege and prove, constituting the basis for the legal claim. Although "cause of action" is not explicitly defined in any statute, it has been judicially interpreted to mean that every fact necessary for the plaintiff to prove, if contested, is required to support his right to obtain a judgment from the court.

Whether a Plaint discloses a cause of action or not is essentially a question of fact. But whether it does or not, must be found out from reading the averments of the plaint itself.

Only a part of the claim cannot be rejected and if no cause of action is disclosed, the plaint as a whole must be rejected same was held in the case of Roop Lal Sathi v. Nachhattar Singh Gill (1982).

If the allegations in the plaint prima facie show a cause of action, the court cannot embark upon an enquiry whether the allegations are true in fact as held in the case of Sopan Sukhdeo Sable v. Assistant Charity Commissioner, (2004)

Plaint is Under-Valued, and the plaintiff, on being required by the Court to correct the valuation within a time to be fixed by the Court, fails to do so;

As per Order VII Rule 11(b) of the Code of Civil Procedure (CPC), if the relief claimed in a suit is undervalued and the plaintiff, upon being directed by the court to correct the valuation within a specified period, fails to do so, the Plaint can be rejected.

If a Court holds that the relief prayed for by the Plaintiff has been undervalued and orders a party to correct the same, then, it is open to the Plaintiff to amend the valuation at any time before an order rejecting the plaint is made so as to limit the claim to the Court Fee paid.

However, the court cannot reject the Plaint without first giving the plaintiff an opportunity to pay the deficit court fee. Therefore, in such cases, the impugned order must be set aside due to the violation of the mandatory provision under Order VII Rule 11(b) of the CPC to ensure justice as held in the case of R. Kalavalli v. P. Sundaraj and Anr (2011).

The Plaint is Insufficiently Stamped, and the plaintiff, on being required by the Court to supply the requisite stamp-paper within a time to be fixed by the Court, fails to do so;

To ensure compliance with the mandate of Stamp Act, as well as to secure the revenue interests of the state, this ground provides for rejection in case Plaint is insufficiently stamped.

Relief Claimed is Barred by Law

Clause (d) of Order VII Rule 11 of the CPC refers to suits that, based on the statements in the plaint, appear to be barred by any law. Disputed questions cannot be resolved when considering an application filed under Order VII Rule 11 CPC. Clause (d) applies only when the plaintiff's statements in the plaint clearly and undisputedly show that the suit is barred by law.

A plaint can be rejected on the grounds of limitation only if the suit, as stated in the plaint, appears to be barred by any law. The term "law" within the meaning of clause (d) of Order VII Rule 11 includes the law of limitation as held in the case of Dega Jayalakshmi & Others v. Kapoor Enterprises, Rep. by its Managing Partner, R.M. Lakshman Dass & Others, (2010).

Where Plaint is not Filed in Duplicate

Order IV Rule 1(3) of Code provides that "The plaint shall be presented in duplicate." This provision ensures that there are at least two copies of the Plaint; one for the court's records and the other for serving on the defendant.

Where the Plaintiff Fails to Comply with the Provisions of Rule 9

It appears that the said clause being procedural would not require automatic rejection of the Plaint at the first instance. If there is any defect as contemplated by Rule 11 (e) or noncompliance as referred in Rule 11(f) the court should ordinarily give an opportunity for rectifying the defects, and in the event of the same not being done the court will have the liberty or the right to reject the plaint as held on the case of Salem advocate bar Association Tamilnadu Vs. Union of India (2003).

Grounds Mentioned in Rule 11 are not Exhaustive: In the decision of K Akbar Ali v. Umar Khan, it was observed by the Supreme Court that the provisions of Order VII Rule 11 are not exhaustive and the Court has the inherent power to see that frivolous or vexatious litigations are not allowed to consume the time of the Court.

The test for exercising the power under Order VII Rule 11 is that if the averments

made in the plaint are taken in entirety in conjunction with the documents relied upon, would the same result in a decree being passed. The plaint has to be construed as it stands, without addition or subtraction of words as held in the case of Dahiben v Arvinbhai Kalyanji Bhansai (2020).

In Astral Cables Ltd. v. The NSCI corporation Ltd, (2011), it has been held that while considering the rejection of the Plaint under Order 7 Rule 11 CPC, the strength or weakness of the plaintiff's case is not to be seen and what is required to be disclosed by the plaintiff is clear right to sue.

In the recent case of Geetha v. Nanjundaswamy (2023), Supreme Court reiterated that part rejection of Plaint is impermissible under Order VII Rule 11 of CPC.

Stage at Which Power can be Exercised: The power under Order VII Rule 11 CPC may be exercised by the Court at any stage of the suit, either before registering the plaint, or after issuing summons to the defendant, or before conclusion of the trial. Therefore, it is clear that merely because issues have been framed, it cannot be said that the application under Order VII Rule 11 CPC is not maintainable

The remedy under Order VII Rule 11 is an independentand special remedy, wherein the Court is empowered to summarily dismiss a suit at the threshold, without proceeding to record evidence, and conducting a trial, on the basis of the evidence adduced, if it is satisfied that the action should be terminated on any of the grounds contained in this provision as observed in the case of Dahiben v. Arvinbhai Kalyanji Bhansai (2020).

Rejection of Plaint as Deemed Decree: The rejection of Plaint brings an end to the suit.

It is pertinent to note that the rejection of the plaint is a deemed decree under Section 2(2) of the Code. The effect, therefore, is that the same can be appealed under Section 96, Code of Civil Procedure. Moreover, Order VII Rule 13 provides that rejection of the Plaint on any of the grounds mentioned in rule 11 shall not of its own force preclude

the plaintiff from presenting a fresh plaint in respect of the same cause of action. In other words, rejection of Plaint doesn't bar a fresh suit on the same ground.

Effect of Rejection of Plaint: In any event, rejection of the Plaint under Rule 11 does not preclude the plaintiffs from presenting a fresh plaint in terms of Rule 13.

What is a plaint in a civil suit?

A plaint is a formal written complaint filed by the plaintiff in a civil court to initiate a civil suit. It outlines the facts of the case, the legal basis for the claim, the relief sought (such as compensation, injunction, etc.), and the cause of action. It acts as the foundation of the civil case and must comply with Order VII of the Code of Civil Procedure, 1908.

What are the steps to file a civil suit in India?

To file a civil suit in India, follow these key steps: 1. Draft the Plaint: Prepare the plaint with full details of the claim, facts, and legal grounds. 2. Pay Court Fees: Attach the appropriate court fees based on the suit’s value. 3. File in the Appropriate Court: Submit the plaint in the court having jurisdiction (territorial and pecuniary). 4. Vakalatnama: If represented by an advocate, a Vakalatnama must be submitted. 5. Court Scrutiny: The court scrutinizes the plaint for legal compliance. 6. Summons to Defendant: If admitted, the court issues summons to the defendant to appear and respond. 7. Proceedings Begin: Once the defendant files a written statement, the trial and other procedures follow.

What essential contents must a valid plaint include?

A valid plaint must include the following elements: • Name, description, and address of the plaintiff and defendant. • Jurisdiction of the court (why the suit is filed in that particular court). • Cause of action and the date it arose. • The relief or remedy sought by the plaintiff. • Verification and signature of the plaintiff or authorized person. • Valuation of the suit for jurisdiction and court fees. These requirements are detailed under Order VII Rule 1 of CPC. If any of these are missing, the court may reject the plaint under Order VII Rule 11.

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