- Facta Probanda – facts that require to be proved. All facts pertaining to the dispute must be raised in the plaint.
- Facta Probantia – the evidence that is used to prove those facts.
- The evidence used to prove a fact must never be raised in plaint or written statement. These are only raised in examination stage.
- Evidence may be oral or written. These are not written in plaint or written statement.
- In a plaint only the facts have to be stated.
In wrt petition, the facts and evidence both have to be stated. This is because there is no cross examination in a writ petition and the number of hearing in a writ petition is only 2 -3. Therefore, in order to save time, the evidence must be mentioned along with the writ petition. - Fundamentals of a Plaint:
- Cause of Action
- Jurisdiction (all 3)
- Son of, aged, occupation, residential address
- Pecuniary valuation may be assumed
- Suit is as o/s no. ___ of 2020
- Cause title
- Valuation includes court fee under Court fee and Valuation Act
- Limitation period (suit is filled within the limitation period)
- Reliefs (ask for all possible related reliefs)
- Alternative Pleas: Two or more reliefs are claimed as an alternative to each other
- Inconsistent Plea: a plea which contradicts itself. The CPC does not prohibit inconsistent pleas. The choice is with the plaintiff and defendant to take an inconsistent plea but such party is at the danger of losing the case.
- Pleas regarding malice, fraud or misrepresentation should be mentioned in the plaint. Evidence need not be given.
- Written Statement must specifically deny all paras of the plaint and must give the defendants version of the story.
- Jurisdiction shall be an issue and can be raised in written statement.
CASE: Amarjit Singh v. Khatoon Quamarain
Subsequent Events can be taken cognizance of it they are relevant and material.
Return of Plaint
- The suit No. is given by the officer attached to that particular court for plaint. If it lacks jurisdiction, even any one aspect of jurisdiction, if it is returned by the court.
- Once plaint is returned, endorsement is attached.
Endorsement – Name, seal, reasons, signature, date of filing.
Filling into proper court of law is the remedy for return of plaint. - Illustration:
The plaint has been retuned by court hall 1, limitation is over by the time it is filled into court hall
For the second time, the limitation act is not taken into consideration. Once round seal is affixed it indicates that it is well within the limitation period.
CASE: Amar Chand v. Union of India
When a plaint is filed in the proper court, after being retuned by the wrong court, it cannot be said to be a continuation of the suit and it will commence when a plaint is fled in the proper court.
Rejection of Plaint (after filling and before numbering)
- Jurisdiction does not apply here;
- Lack of sufficient causes of act
- Improper valuation of court fees
- If it is not in duplicate, green sheet is original copy given to court and the remain copies go to the defendants.
- When the suit is barred by law
- Barred refers to prohibit by law. Section 80 of CPC suits filed against the Government. There is a mandatory provision of notice to be served on the government before filing of a suit.
- Correction of plaint can be done as the defects are rectifiable and file unto the same court. There is no prohibition from filing of fresh plaint.
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