Rule 1 of CPC : Rule 1: Particulars to be contained in plaint.

CPC

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Explanation using Example

Example 1:

Case: Property Dispute

Plaint Details:

  • (a) The name of the Court in which the suit is brought: District Court of Mumbai
  • (b) The name, description and place of residence of the plaintiff: Rajesh Kumar, a businessman residing at 123, Marine Drive, Mumbai.
  • (c) The name, description and place of residence of the defendant, so far as they can be ascertained: Suresh Gupta, a software engineer residing at 456, Andheri West, Mumbai.
  • (d) Where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that effect: Not applicable.
  • (e) The facts constituting the cause of action and when it arose: The cause of action arose on 1st January 2023 when the defendant unlawfully encroached upon the plaintiff's property located at 789, Bandra East, Mumbai.
  • (f) The facts showing that the Court has jurisdiction: The property in dispute is located within the jurisdiction of the District Court of Mumbai.
  • (g) The relief which the plaintiff claims: The plaintiff claims possession of the encroached property and compensation for damages amounting to ₹5,00,000.
  • (h) Where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed or relinquished: The plaintiff has not relinquished any portion of his claim.
  • (i) A statement of the value of the subject-matter of the suit for the purposes of jurisdiction and of court-fees, so far as the case admits: The value of the subject-matter of the suit is ₹50,00,000 for the purposes of jurisdiction and court-fees.

Example 2:

Case: Breach of Contract

Plaint Details:

  • (a) The name of the Court in which the suit is brought: Civil Court of Delhi
  • (b) The name, description and place of residence of the plaintiff: Anjali Sharma, a freelance graphic designer residing at 789, Connaught Place, New Delhi.
  • (c) The name, description and place of residence of the defendant, so far as they can be ascertained: Ramesh Verma, owner of Verma Enterprises, residing at 321, Karol Bagh, New Delhi.
  • (d) Where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that effect: Not applicable.
  • (e) The facts constituting the cause of action and when it arose: The cause of action arose on 15th February 2023 when the defendant failed to make the agreed payment of ₹1,00,000 for the graphic design services provided by the plaintiff.
  • (f) The facts showing that the Court has jurisdiction: The contract was executed and the services were provided within the jurisdiction of the Civil Court of Delhi.
  • (g) The relief which the plaintiff claims: The plaintiff claims the outstanding payment of ₹1,00,000 along with interest at the rate of 12% per annum from the date of default.
  • (h) Where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed or relinquished: The plaintiff has not relinquished any portion of her claim.
  • (i) A statement of the value of the subject-matter of the suit for the purposes of jurisdiction and of court-fees, so far as the case admits: The value of the subject-matter of the suit is ₹1,00,000 for the purposes of jurisdiction and court-fees.
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