Before you file

A civil suit begins long before the plaint reaches the court. You need a cause of action – a set of facts that gives you the right to sue – and you need it to be within limitation. Under the Limitation Act 1908 most contractual claims must be brought within three years of the date the right to sue accrued. Filing even one day late can end the case before it starts.

Step 1 – Draft the plaint

The plaint is governed by Order VII of the Code of Civil Procedure 1908. It must name the parties with complete addresses, state the facts constituting the cause of action, specify the court jurisdiction, state the value of the suit for court fee purposes, and end with a clear prayer. Every plaint must be verified and supported by an affidavit.

Step 2 – Pay the court fee

Court fee is calculated on the value of the relief claimed under the Court Fees Act. Undervaluing a suit to save on fee is a common and costly mistake – the court can order the plaint to be returned or rejected. Where the relief is declaratory, a fixed fee usually applies.

Step 3 – Attach your documents

Under Order XIII CPC, documents you rely upon must be produced with the plaint. A document not filed at this stage can be brought on record later only with the leave of the court, and leave is not always granted. Prepare a list of documents and mark each annexure.

Step 4 – Institution and summons

The plaint is presented before the reader of the court concerned and entered in the institution register. If the court is satisfied that the plaint is in order, summons are issued to the defendants. Service can be by process server, registered post, courier, or by publication where the defendant is avoiding service.

Step 5 – Written statement and issues

The defendant files a written statement under Order VIII CPC. Anything not specifically denied is treated as admitted, which is why para-wise replies matter. Once pleadings are complete the court frames issues – the specific questions of fact and law that the trial will decide.

What usually goes wrong

Three problems account for most dismissals at the threshold: a defective cause of action, a limitation bar, and filing in the wrong forum. Spend your time on these three before you worry about anything else. A well-pleaded plaint is the cheapest insurance in litigation.