A plaint is usually described as a statement of claim and is a document that initiates a suit when presented in court. It should contain the grounds on which the plaintiff is seeking the assistance of the court and is to be considered the pleading of the plaintiff.
Rules 1 to 8 of Order VII of the CPC explain the essential elements required in a plaint and the format to be followed. The elements that need to be included are: the name, description, and place of residence of the plaintiff; the name, description, and place of residence of the defendant, as far as they can be ascertained; a statement indicating whether either party is a minor or of unsound mind; facts showing that the court has jurisdiction; the relief claimed by the plaintiff; any mention of a set-off allowed or any portion of the claim relinquished by the plaintiff. It should also include a statement of the value of the subject matter of the suit, by which the determination of jurisdiction and the applicable court fees is to be made.
Sample Draft
IN THE COURT OF THE HON’BLE PRINCIPAL JUNIOR CIVIL JUDGE
AT HUSNABAD
Os-No:049 of 2024
BETWEEN:
A. Nikhil …………………… Plaintiff
AND
P. Akash ………………….. Defendant
CLAIM:
The suit for perpetual injunction restraining the defendant from interfering with the suit’s schedule land to the extent of AC-1-10 Guntas in Sy. No: 528 and to an extent of AC-1-10 Guntas in Sy. No: 529, total to the extent of the Ac.2-20 Guntas compact plot situated at Mallampalli Revenue Village of Akkannapet Mandal in Siddipet district, which is more specifically shown in the annexed schedule to the Plaint.
PLAINT FILED UNDER SECTION 26(1) R/W O.VII Rule 1 and Rule 2 OF CPC
May it be your honor,
The above-named plaintiff begs to respectively submit as under:
I. DESCRIPTION OF PLAINTIFF:
A. Akhil, S/o A. Ravi, 32 years, Occupation: Agriculture, R/o Husnabad Village and Mandal, Siddipet District.
That the address of the plaintiff for the purpose of service of summons and notice etc., is that of his counsel, Sri Ch. Mahindra, Advocate, Husnabad.
II. DESCRIPTION OF THE DEFENDANT:
P. Akash, S/o P. Raj, aged about 40 years, Occupation: Agriculture, R/o Katkul Village of Akkannapet Mandal, Siddipet District.
That the address of the defendant for the purpose of service of summons, notice etc., is that of the address mentioned above.
III. THE PLAINTIFF HUMBLY SUBMITS AS UNDER:
1) That the plaintiff is the owner and possessor of agricultural land measuring to the extent of Ac. 1-10 Guntas in Sy. No. 528 and to an extent of AC-1-10 Guntas in Sy. No: 529, total to the extent of Ac. 2-20 Guntas compact plot situated at Mallampalli Revenue Village of Akkannapet Mandal of Siddipet District. That the plaintiff has purchased the above land from the original pattadar as such the above lands are self-acquired properties of the plaintiff. That the revenue authorities have recorded the name of the plaintiff as pattadar and possessor through the ROR and issued pattadar passbook cum title deed vide No. T20020090874 vide Katha No.129 to the plaintiff by mutating the above property in the name of the plaintiff. The plaintiff here filed the original pattadar passbook before the Hon’ble Court to prove ownership and possession of the lands. The plaintiff submits that he is in possession of and cultivating the same without any disturbance from anybody and also obtained crop loans from the bank for agricultural needs and developments. The said total land the plaintiff herewith referred to as a suit schedule for the convenience of the suit and, more specifically, is shown in the schedule annexed to the plaint.
2) The Plaintiff submits to prove his possession and title over the suit schedule land hereby filing the Dharani online Pahani deed dated: 27-11-2021 for the present year for kind perusal of the Hon’ble Court. Hence, the Hon’ble Court may kindly be pleased to receive the same and mark as exhibits in favor of the Plaintiff.
3) The defendant is the adjacent landowner and is a stranger to the suit schedule land and that in collusion with each other, has several times demanded the Plaintiff to sell the suit schedule land for his convenience, but the plaintiff has refused to sell the same to the defendant for the sake of his children’s future. That on refusal of the same, the defendant developed bore grudges and greedy eye against the plaintiff and the defendant has no right or title whatsoever over the suit schedule in any manner. He is trying to occupy the suit schedule from the peaceful possession of the plaintiff on false allegations only to occupy the suit scheduled land. It is submitted that to avoid the disturbance with the defendant, the plaintiff several times requested him to stop the illegal interference into suit schedule, but he refused to adhere to the request of plaintiff. The plaintiff submits that on 20/11/2021, when the plaintiff plowed the suit schedule land with the tractor, the defendant obstructed the tractor, abused with filthy language, and warned the plaintiff. It is submitted that, due to the threat of the illegal and dangerous act of the defendant, the same was reported to the police, but the police advised the plaintiff, stating that it was a civil matter in nature, and they couldn’t help the plaintiff. That the Plaintiff has no other remedy except to approach this Hon’ble Court to restrain the defendant from interference with the peaceful possession of the Plaintiff over the suit land.
IV. CAUSE OF ACTION:
The cause of action arose several times, and finally, the cause of action for the institution of the suit was on 20-11-2021, when the defendant obstructed the plowing of the plaintiff and tried to interfere with the suit schedule to dispossess the plaintiff from possession of the scheduled land.
The cause of action arose at Mallampalli Revenue Village of Akkannapet Mandal in Siddipet District, where the suit scheduled property is situated.
V. JURISDICTION:
That the cause of action, the parties reside in Mallampalli village and the suit’s scheduled land is situated in Mallampalli Revenue Village in Akkannapet Mandal in Siddipet district, which is within the jurisdiction of the Hon’ble Court.
VI. LIMITATION:
That the suit is filed within limitation. That the total market value of the suit schedule per acre as per Dharani online website is Rs. 2,25,000/-. Thus, the total valuation of the suit schedule is Rs. 5,62,050/-. However, this suit is a suit for perpetual injunction. Hence, the plaintiff notionally valued the suit at Rs. 57,000/- on which a court fee of Rs. 2548 is deposited in the account of this Hon’ble Junior Civil Judge vide Account No: 01234, UCO Bank, Husnabad Branch. The counter folio is affixed herewith u/sec 26(c) of T-S-C-F and SV Act, is paid which is sufficient.
PRAYER:
It is therefore, the plaintiff prays that the Hon’ble Court may be pleased to pass a decree in favor of the plaintiff against the defendant as follows:
a) By way of a perpetual injunction restraining the defendant and his men, agents, unsocial elements, etc., from interfering into peaceful possession and enjoyment of suit scheduled land.
b) Costs of the suit may be awarded.
c) Any other relief or reliefs to which the Plaintiff is otherwise entitled under the circumstances of the case.
For which acts of justice, this plaintiff shall ever pray.
Place: Husnabad
Date: 29-11-2021
Sd/-
Plaintiff
VERIFICATION
I, the above-named plaintiff, do hereby declare that what is stated in Paras 1 to 3 is true and correctly stated. The Paras of Plaint are beliefs based on information believed to be true, therefore verified on this 29th day of November 2021 at Husnabad.
Place: Husnabad
Date: 29-11-2021
Sd/-
Plaintiff
SUIT SCHEDULE
EAST: S. Sreelatha Agriculture land
WEST: K. Narasimha Reddy land
NORTH: K. Sangeetha land
SOUTH: A. Rakesh Reddy land
LIST OF DOCUMENTS
i) Online Dharani Valuation Certificate
ii) Digital patta passbook and pahanis
Place: Husnabad
Date: 29-11-2021
Submitted through
Sd/-
Ch. Mahindra
Advocate
