Plaint format for a civil suit (including recovery and summary suits)
A plaint is the document that starts a civil suit. Order VII Rule 1 CPC lists what it must contain — the parties, the facts constituting the cause of action, jurisdiction, valuation and the relief claimed. Recovery suits on written contracts or negotiable instruments can be filed as summary suits under Order XXXVII CPC, and commercial suits of Rs. 3 lakh and above need pre-institution mediation under Section 12A of the Commercial Courts Act, 2015 unless urgent relief is sought.
Key points
- Contents of a plaint: Order VII Rules 1–8 CPC; rejection grounds: Order VII Rule 11.
- Summary suits: Order XXXVII CPC (written contracts, bills of exchange, promissory notes).
- Commercial disputes of a specified value of Rs. 3 lakh or more: Commercial Courts Act, 2015; pre-institution mediation under Section 12A is mandatory unless urgent interim relief is sought (Patil Automation v. Rakheja Engineers, (2022) 10 SCC 1).
- Limitation for money suits is generally three years (for example Articles 14, 19 and 113 of the Limitation Act, 1963).
The law: old and new provisions
| Subject | Law now | Before 1 July 2024 |
|---|---|---|
| Plaint | Order VII CPC | — |
| Summary suit | Order XXXVII CPC | — |
Which court or authority
The civil court of the lowest grade competent to try it (Section 15 CPC), where the defendant resides or the cause of action arose (Section 20 CPC); Commercial Court for commercial disputes.
What the document should contain
- Name of the court and parties
- Facts constituting the cause of action, with dates
- Jurisdiction (territorial and pecuniary)
- Limitation
- Valuation and court fee
- Relief claimed (principal, interest, costs)
- Verification (statement of truth in commercial suits) and affidavit
Documents to attach
- Agreements, invoices, ledgers and correspondence
- Legal notice and its proof of service
- Section 12A mediation non-settlement report (commercial suits)
Procedure
- Send a legal notice
- For commercial disputes, complete pre-institution mediation
- File the plaint with court fee and documents; summons issue
Common mistakes
- Wrong valuation or court fee
- Not pleading limitation and jurisdiction facts
- Skipping Section 12A mediation in commercial suits
Frequently asked questions
What is a summary suit?
A suit under Order XXXVII CPC for recovery of a debt on a written contract or negotiable instrument, where the defendant needs leave of the court to defend, making it faster than an ordinary suit.