Civil Suit Plaint Template (India)

A Civil Suit Plaint Template in India lodges the matter formally, identifying the parties, the facts and the outcome the complainant seeks.

Order VII Rule 1 of the Code of Civil Procedure 1908 requires every plaint to state: the name of the court, the names, descriptions, and places of residence of the plaintiff and defendant, the facts constituting the cause of action and when it arose, the facts showing that the court has jurisdiction, the relief claimed in plain and concise terms, and the value of the subject matter for purposes of court fees and jurisdiction. Order VII Rule 14 requires the plaintiff to file with the plaint all documents upon which the plaintiff relies or which are in the plaintiff's possession. Order VI Rule 15 requires the plaint to be verified at the foot by the plaintiff, who must affirm which facts are known to be true and which are stated on information and belief.

The plaint initiates civil litigation across a wide range of disputes in India: recovery of money, enforcement of contracts under the Indian Contract Act 1872, recovery of possession of immovable property under the Transfer of Property Act 1882, partition of jointly held property under the Partition Act 1893 and the CPC, specific performance of contracts under the Specific Relief Act 1963, injunctions (temporary under Order XXXIX CPC or permanent), and compensation for torts. The Commercial Courts Act 2015 introduced a separate regime for commercial disputes above ₹3 lakh — such suits must be filed in designated Commercial Courts or the Commercial Division of High Courts.

Jurisdiction of civil courts in India is determined by three concurrent requirements. Territorial jurisdiction under Sections 15–20 CPC is established where the defendant resides or carries on business, where the cause of action arose, or (for immovable property) where the property is situated. Pecuniary jurisdiction sets monetary limits — the High Courts of Bombay, Delhi, Calcutta, and Madras exercise original civil jurisdiction for suits above ₹2 crore; District Courts handle suits within their respective state limits. Subject-matter jurisdiction excludes matters reserved for special tribunals such as the National Company Law Tribunal (NCLT) under the Companies Act 2013, Consumer Commissions under the Consumer Protection Act 2019, and the Income Tax Appellate Tribunal.

The Limitation Act 1963 prescribes the periods within which civil suits must be filed: 3 years for recovery of money on a contract, 12 years for recovery of possession of immovable property, and 3 years for suits for specific performance from the date fixed for performance. A plaint filed after the limitation period is barred and must be rejected under Order VII Rule 11(d) CPC. Court fees, regulated by the Court Fees Act 1870 and state-level fee schedules, are payable by affixing court fee stamps on the plaint at rates that are typically ad valorem (1–3% of the claim amount) for money suits.

A Civil Suit Plaint under the Code of Civil Procedure 1908 is filed when a party has a civil cause of action — a legal right that has been violated and for which civil court intervention is sought — and other dispute resolution mechanisms have either failed or are unavailable.

A creditor who has extended a loan, supplied goods on credit, or performed services without receiving payment files a plaint for recovery of money after the debtor defaults. Under the Limitation Act 1963, the suit must be filed within 3 years of the date the right to sue accrued (typically the payment due date). For large commercial debts, the Commercial Courts Act 2015 mandates a pre-institution mediation attempt under Section 12A before the plaint can be filed — except in cases seeking urgent interim relief.

A property owner whose possession has been unlawfully disturbed or who has been dispossessed by a trespasser or co-owner files a plaint for recovery of possession. For immovable property, the plaint is filed in the court where the property is situated. The 12-year limitation period under the Limitation Act 1963 applies to suits for recovery of possession from adverse possessors.

A party to a contract who has suffered loss due to breach — whether a vendor who delivered goods but was not paid, a contractor who completed work but received no payment, or a buyer who paid in advance for goods not delivered — files a plaint for damages or specific performance. The Specific Relief Act 1963, as amended in 2018, makes specific performance the default remedy for breach of contracts for immovable property and certain other contracts.

A business or individual whose trade name, trademark, or copyright has been infringed files a plaint before the District Court or the High Court (for trademarks and certain IP matters) for injunction and damages. Urgent interim injunctions (ad interim) under Order XXXIX Rules 1 and 2 CPC can be sought on the same day of filing where irreparable harm is imminent.

Partners in a dissolved firm, co-owners of jointly held property, or members of a joint family unable to agree on division file plaints for partition and accounts. Family matters involving maintenance under the Hindu Marriage Act 1955 or the Hindu Adoption and Maintenance Act 1956 are filed before the Family Court where one exists.

A Civil Suit Plaint under Order VII of the Code of Civil Procedure 1908 must be drafted with precision — deficiencies in mandatory particulars can result in rejection under Order VII Rule 11 or in the plaint being returned for amendment.

Court heading identifies the exact name of the court — for example, 'In the Court of the Additional District Judge, New Delhi' or 'Before the Commercial Court, Bengaluru' — and the suit number (left blank for the court to assign upon filing). Getting the court name and jurisdictional tier correct from the outset avoids rejection on jurisdictional grounds.

Party identification requires the full legal names, addresses, and descriptions of all plaintiffs and defendants. For individuals, include age, occupation, and residential address. For companies, include the registered office address and Corporate Identification Number (CIN) from the Ministry of Corporate Affairs (MCA) portal. For partnerships, identify all partners. Order VII Rule 1(c) and (d) require descriptions sufficient for the court to serve notice — incomplete addresses delay service and adjournment of the first hearing.

Facts constituting the cause of action must be pleaded specifically and in chronological order — Order VI Rule 2 requires material facts to be stated, not law or evidence. The plaint must state when the cause of action arose, as this is critical for the court's assessment of limitation under the Limitation Act 1963. The cause of action must fall within the territorial and pecuniary jurisdiction of the court.

Jurisdiction averment must affirmatively state the facts that establish the court's jurisdiction. For territorial jurisdiction under Section 20 CPC, state where the defendant resides, where the cause of action arose, or (for immovable property under Section 16) where the property is situated. For pecuniary jurisdiction, state the value of the suit which brings it within the court's monetary limit.

Valuation and court fees must accurately state the value of the subject matter of the suit for jurisdiction purposes and for court fee calculation. Under Order VII Rule 11(b), a plaint is rejected if the relief claimed is undervalued and the plaintiff fails to correct the valuation within the time granted. Court fee stamps must be affixed at the rates prescribed under the Court Fees Act 1870 or the applicable state court fees act.

Relief claimed must be stated in plain and concise terms under Order VII Rule 5. For money suits: state the principal amount, interest rate (claimed under Section 34 CPC at the court rate or at a specified contractual rate from the date of suit to the date of decree), and costs. For injunctions: describe the act the defendant should be restrained from doing. For possession: describe the property with boundaries or survey numbers. For specific performance: identify the contract and the performance sought.

Documents relied upon must be listed and filed with the plaint under Order VII Rules 14 and 17. Documents in the plaintiff's possession must be physically filed; documents not in the plaintiff's possession must be identified and the reasons for non-production stated. Failure to file relied-upon documents at the plaint stage may result in the court refusing to receive them later under Order XIII Rule 1.

Verification under Order VI Rule 15 requires the plaintiff (or a duly authorised agent with Power of Attorney) to verify the plaint by stating that the facts stated in specified paragraphs are true to personal knowledge, and that facts in other paragraphs are stated on information received and believed to be true. The verification must be dated and signed at the foot of the plaint. The forms-legal.com Civil Suit Plaint Template (India) template covers the mandatory elements under Code of Civil Procedure, 1908.