1. Particulars to be contained in plaint. The plaint shall contain the following particulars:a)
the name of the Court in which the suit is brought;
b) the name, description and place of residence of the plaintiff;
c) the name, description and place of residence of the defendant, so far as they can be
ascertained;
d) where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to
that effect;
e) the facts constituting the cause of action and when it arose;
f) the facts showing that the Court has jurisdiction;
g) the relief which the plaintiff claims;
h) where the plaintiff has allowed a setoff
or relinquished a portion of his claim, the amount so
allowed or relinquished; and
i) a statement of the value of the subjectmatter
of the suit for the purposes of jurisdiction and
of courtfees,
so far as the case admits.
2. In money suits. Where the plaintiff seeks the recovery of money, the plaint shall state the
precise amount claimed:
But where the plaintiff sues for mesne profits, or for an amount which will be found due to him on
taking unsettled accounts between him and the defendant, the plaint shall state approximately the
amount sued for.
3. Where the subjectmatter
of the suit is immoveable property. Where the subjectmatter
of
the suit is immoveable property, the plaint shall contain a description of the property sufficient to
identify it, and, in case such property can be identified by boundaries or numbers in a record of
settlement of survey, the plaint shall specify such boundaries or numbers.
4. When plaintiff sues as representative. Where the plaintiff sues in a representative character
the plaint shall show not only that he has an actual existing interest in the subjectmatter,
but that he
has taken the steps (if any) necessary to enable him to institute a suit concerning it.
5.Defendant`s interest and liability to be shown. The plaint shall show that the defendant is or
claims to be interested in the subjectmatter,
and that he is liable to be called upon to answer the
plaintiff's demand.
6. Grounds of exemption from limitation law. 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.
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7. Relief to be specifically stated. Every plaint shall state specifically the relief which the plaintiff
claims either simply or in the alternative, and it shall not be necessary to ask for general or other relief
which may always be given as the Court may think just to the same extent as if it had been asked for.
And the same rule shall apply to any relief claimed by the defendant in his written statement.
8. Relief founded on separate grounds. Where the plaintiff seeks relief in respect of several
distinct claims or causes of action founded upon separate and distinct grounds, they shall be stated as
far as may be separately and distinctly.
9. Procedure of admiting plaint.__ 1[(1)The plaintiff shall endorse on the plaint, or annex thereto,
a list of the documents (if any) which he has produced along with it.
(1A) The plaintiff shall present with his plaint –
a) as many copies on plain paper of the plaint as there are defendants, plus two extra copies,
unless the Court, by reason of the length of the plaint or the number of the defendants, or
for any other sufficient reason, permits him to present a like number of concise statements
of the nature of the claim made, or of the relief claimed in the suit, in which case he shall
present such statements; and
b) draft forms of summons and fees for the service thereof.]
2. Concise statements. Where the plaintiff sues, or the defendant or any of the defendants is sued,
in a representative capacity, such statements shall show in what capacity the plaintiff or defendant sues
or is sued.
3. The plaintiff may, by leave of the Court, amend such statements so as to make them correspond
with the plaint.
4. The chief ministerial officer of the Court shall sign such list and copies or statements if, on
examination, he finds them to be correct.
10. Return of plaint. (1) The plaint shall at any stage of the suit be returned to be presented to the
Court in which the suit should have been instituted.
(2) Procedure on returning plaint. On returning a plaint the Judge shall endorse thereon the date
of its presentation and return, the name of the party presenting it, and a brief statement of the reasons
for returning it.
1 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch., for the original subrule
(1).
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11. Rejection of plaint. The plaint shall be rejected in the following cases:a)
where it does not disclose a cause of action:
b) where the relief claimed 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:
c) where the relief claimed is properly valued, but the plaint is written upon paper insufficiently
stamped, and the plaintiff, on being required by the Court to supply the requisite stamppaper
within a time to be fixed by the Court, fails to do so:
d) where the suit appears from the statement in the plaint to be barred by any law.
12. Procedure on rejecting plaint. Where a plaint is rejected the Judge shall record an order to
that effect with the reasons for such order.
13. Where rejection of plaint does not preclude presentation of fresh plaint. The rejection of
the plaint on any of the grounds hereinbefore mentioned shall not of its own force preclude the plaintiff
from presenting a fresh plaint in respect of the same cause of action.
Documents relied on in Plaint
14.Production of document on which plaintiff sues.__ (1) Where a plaintiff sues upon a
document in his possession or power, he shall produce it in Court when the plaint is presented, and
shall at the same time deliver the document or a copy thereof to be filed with the plaint.
(2) List of other documents. Where he relies on any other documents (whether in his possession
or power or not) as evidence in support of his claim, he shall enter such documents in a list to be added
or annexed to the plaint.
15. Statement in case of documents not in plaintiff's possession or power. Where any such
document is not in the possession or power of the plaintiff, he shall, if possible, state in whose
possession or power it is.
16. Suits on last negotiable instruments. Where the suit is founded upon a negotiable instrument,
and it is proved that the instrument is lost, and an indemnity is given by the plaintiff, to the satisfaction
of the Court, against the claims of any other person upon such instrument, the Court may pass such
decree as it would have passed if the plaintiff had produced the instrument in Court when the plaint
was presented, and had at the same time delivered a copy of the instrument to be filed with the plaint.
17.Production of shopbook.__
(1) Save in so far as is otherwise provided by the Bankers' Books
Evidence Act, 1891 (XVIII of 1891), where the document on which the plaintiff sues is an entry in a
shopbook
or other account in his possession or power the plaintiff shall produce the book,
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or account at the time of filing the plaint, together with a copy of the entry on which he relies