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Plaint (Civil Suit)

A Plaint is the document that starts a civil suit in India.

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IN THE [court_name] SUIT NO. ________ OF 20____ IN THE MATTER OF: [plaintiff_name] [plaintiff_address] ... PLAINTIFF VERSUS [defendant_name] [defendant_address] ... DEFENDANT PLAINT UNDER ORDER VII OF THE CODE OF CIVIL PROCEDURE, 1908 MOST RESPECTFULLY SHOWETH: 1. PARTIES 1.1 The Plaintiff is a resident of the address stated above and is competent to institute the present suit. 1.2 The Defendant is a resident of / carries on business at the address stated above. 2. FACTS OF THE CASE [facts_of_case] 3. CAUSE OF ACTION [cause_of_action] 4. JURISDICTION [jurisdiction_grounds] This Hon'ble Court has both territorial and pecuniary jurisdiction to try and determine the present suit. 5. LIMITATION The present suit is filed within the period of limitation prescribed under the Limitation Act, 1963. 6. VALUATION AND COURT FEE The suit is valued at Rs. [suit_value] for the purposes of jurisdiction and court fee, and the requisite court fee has been paid thereon. 7. That the Plaintiff has not filed any other suit, petition or proceeding in respect of the same subject matter before this or any other court. PRAYER It is therefore most respectfully prayed that this Hon'ble Court may be pleased to: [relief_claimed] (a) Award the costs of the suit in favour of the Plaintiff; and (b) Pass such other and further orders as this Hon'ble Court may deem just and proper in the facts and circumstances of the case. AND FOR THIS ACT OF KINDNESS, THE PLAINTIFF SHALL AS IN DUTY BOUND EVER PRAY. Place: ______________ Date: [filing_date] [plaintiff_name] PLAINTIFF Through ______________________ ADVOCATE FOR THE PLAINTIFF VERIFICATION I, [plaintiff_name], the Plaintiff above named, do hereby verify that the contents of paragraphs ______ of the plaint are true to my own knowledge, and the contents of paragraphs ______ are based on information received and believed by me to be true. The prayer is my request to this Hon'ble Court. Nothing material has been concealed. Verified at ______________ on [filing_date]. [plaintiff_name] PLAINTIFF

Notes on using this document

Guidance for you while you fill it in. These notes are not printed in the downloaded document.

PAPERS TO FILE WITH THE PLAINT

File the plaint with the documents you rely on and a list of them, a Vakalatnama if an advocate is appearing, the court fee and process fee, and a copy for each defendant.

AFFIDAVIT IN SUPPORT

Order VI Rule 15(4) of the Code of Civil Procedure, 1908 requires the person verifying a pleading to also furnish an affidavit in support of it. Prepare it along with the plaint and get it sworn as your court's rules require. In a commercial suit under the Commercial Courts Act, 2015, the plaint is verified by a statement of truth in the prescribed form instead.

FILLING IN THE VERIFICATION

In the first blank, list the paragraph numbers that are true to your own knowledge (what you did, saw, signed or received). In the second, list the paragraphs based on information from others or on documents, which you believe to be true. Order VI Rule 15 of the Code of Civil Procedure, 1908 requires this paragraph-wise split. Do not verify everything as true to knowledge if it is not.

CAUSE OF ACTION AND LIMITATION

State in paragraph 3 exactly when the cause of action arose. Describe it as continuing only if it genuinely is, for example a continuing trespass or nuisance. A one-time breach of contract or an unpaid debt is not a continuing cause of action, and calling it one does not extend limitation. If the suit is filed after the normal limitation period, Order VII Rule 6 requires the plaint to show the ground on which exemption is claimed, so paragraph 5 must be rewritten.

WHY EACH PARAGRAPH IS THERE

Order VII Rule 11 permits rejection of a plaint that discloses no cause of action, is undervalued or insufficiently stamped and not corrected within the time allowed, or appears from its own statements to be barred by law. Each of the paragraphs above exists to meet those requirements.

Plaint (Civil Suit): what it is

A Plaint is the document that starts a civil suit in India. It names the parties, sets out the facts, explains when and where the cause of action arose, shows why the chosen court has jurisdiction, states the value of the suit, and asks for specific relief. The court registers the suit and issues summons only after a proper plaint is filed.

When you need this document

  • Someone owes you money and has ignored your demands and legal notice.
  • You want a declaration of ownership, possession of property, or an injunction to stop interference with it.
  • A party has breached a contract and you want damages or specific performance.
  • You want partition of jointly owned property or recovery of your share.
  • Your claim falls within the jurisdiction of a civil court and is not reserved for a tribunal or special forum.

What it covers

  • The court, the parties' names and addresses, and the description of each as plaintiff and defendant.
  • The facts of the case in order of dates, and the cause of action with when it arose.
  • Grounds of territorial and pecuniary jurisdiction, and a statement that the suit is within limitation.
  • The value of the suit for jurisdiction and court fee, and a statement that the court fee has been paid.
  • A statement that no other proceeding on the same subject matter has been filed.
  • The prayer for relief including costs, the signature through an advocate, and a verification stating which paragraphs are true to the plaintiff's knowledge and which are based on information.

How to fill, sign and use it

  1. Check limitation, pecuniary and territorial jurisdiction, and whether any pre-suit step applies, such as notice to the government or pre-institution mediation in a commercial dispute.
  2. Fill in the form on this page, writing the facts in date order and stating the relief precisely, including amounts and property descriptions.
  3. Calculate the court fee under your state's court fee law and buy the stamps or pay it electronically.
  4. Sign and verify the plaint, and sign every page if the court's rules require it. Prepare enough copies for each defendant.
  5. File the plaint with the list of documents, the documents relied on, a Vakalatnama if you have an advocate, and process fee for summons.
  6. Note the suit number and next date, track service of summons on the defendants, and keep a complete set of everything filed.

Documents to attach or keep with it

  • List of documents and copies of all documents relied on.
  • Vakalatnama, if filed through an advocate.
  • Court fee stamps or proof of e-payment.
  • Copies of the plaint for each defendant, with process fee.
  • Copy of the legal notice sent before the suit and proof of delivery, where applicable.
  • Affidavit in support of the plaint under Order VI Rule 15(4), or a statement of truth in a commercial suit.

The law behind it

Order VII of the Code of Civil Procedure, 1908 sets out what a plaint must contain, including the facts constituting the cause of action and when it arose, facts showing jurisdiction, the relief claimed and the valuation. Order VII Rule 11 allows rejection where no cause of action is disclosed, the suit is undervalued or under-stamped and not corrected, or it is barred by law. The Limitation Act, 1963 fixes time limits by type of claim, and court fee is set by state law. Commercial disputes above the specified value follow the Commercial Courts Act, 2015, which generally requires pre-institution mediation unless urgent interim relief is sought.

Common mistakes to avoid

  • Not stating clearly when the cause of action arose, which invites rejection or a limitation objection.
  • Undervaluing the suit to save court fee, which can lead to rejection if the deficiency is not made good.
  • Filing in a court without territorial or pecuniary jurisdiction, causing the plaint to be returned.
  • Omitting relief in the prayer, since a court generally cannot grant relief that was not asked for, and a later suit on the same cause may be barred.

Plaint (Civil Suit): frequently asked questions

Can I file a civil suit without a lawyer?

Yes. A party can draft, sign and file a plaint and argue the case in person. The court registry checks the plaint for defects, and procedure, court fee and evidence rules still apply. Many people use an advocate for complex claims, and free legal aid is available to eligible persons.

How is court fee calculated on a plaint?

Court fee is fixed by the Court Fees Act and each state's own court fee law. For money claims it is usually a percentage of the amount, often on a slab basis, while declarations, injunctions and possession suits follow specific valuation rules. Amounts differ by state, so check the current schedule in your state.

What is the limitation period for filing a civil suit?

It depends on the type of claim under the Limitation Act, 1963. Many money and contract claims carry three years from when the cause of action arose, while possession of immovable property based on title has a longer period. Identify the correct entry for your claim before filing.

Do I need to send a legal notice before filing a suit?

A notice is not legally required for most private disputes, although it is common practice and can help show the claim was made. Suits against the government or a public officer generally require prior notice under section 80 of the Code of Civil Procedure, unless the court permits otherwise for urgent relief.

Last updated 11 October 2026.

General information on Indian law, not legal advice for your situation. Stamp duty, registration and fees differ by state, so check with the local office or an advocate before you rely on it.

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