How to Draft a Plaint under CPC: From Facts to Final Prayer | EduLaw
EduLaw EditorialAdvocate PlaybookA practical, India-specific guide on how to draft a plaint under CPC — Order 7 Rule 1 contents, Order 7 Rule 11 rejection, cause of action, jurisdiction, limitation, court fee, prayer and a full annotated sample plaint format for recovery and specific performance suits.
EL EduLaw Indian Law, Made Practical Basics Anatomy Sample Plaint Checklist FAQ Home › Blog › How to Draft a Plaint under CPC Civil Litigation · Drafting How to Draft a Plaint under CPC: From Facts to Final Prayer A chambers-style walkthrough of how a plaint is actually drafted in Indian civil practice — how to turn a client's messy facts into a legally sound plaint that survives the registry and an Order VII Rule 11 CPC objection. For juniors & litigation interns By EduLaw Editorial · Updated 28 June 2026 · ~28 min read On this page ▾ On this page What a plaint is Facts vs evidence Order VI principles Order VII Rule 1 contents Plaint anatomy (interactive) Cause of action Order VII Rule 11 rejection Jurisdiction Limitation check Valuation & court fee Relief & prayer Documents (O.VII R.14) Verification (O.VI R.15) Flowchart & timeline Annotated sample plaint Registry objections Common mistakes Do / Don't table Senior advocate checklist FAQ Read this first. This article explains general civil practice under the Code of Civil Procedure, 1908 (CPC) as applicable across India up to 28 June 2026. Court fee, valuation, e-filing and local registry rules vary from State to State and from court to court (each High Court has its own Original Side / civil rules and many States have their own Court-Fees and Suits Valuation Acts). Always cross-check the rules of the actual court where you are filing. This is educational material, not legal advice on any specific matter. Part 01 What is a plaint under CPC A plaint is the first pleading filed by a plaintiff; it is the document that institutes a civil suit. The CPC does not contain a definition of "plaint", but Section 26 says every suit shall be instituted by the presentation of a plaint, and its mandatory contents are prescribed by Order VII Rule 1 CPC . A plaint is a "pleading" within the meaning of Order VI Rule 1 CPC , which defines pleading as a plaint or a written statement. Think of the plaint as doing three jobs at once: it tells the court why it has the power to hear the matter (jurisdiction), it tells the court what wrong was done and when (the facts constituting the cause of action), and it tells the court what order the plaintiff wants (the relief/prayer). If any one of these legs is weak, the plaint wobbles — and the defendant will exploit it through an Order VII Rule 11 application. One-line working definition for juniors: A plaint is a verified statement of the material facts that give the plaintiff a present, enforceable right against the defendant, presented to a court that has jurisdiction, within limitation, on proper court fee, asking for specific relief. Part 02 Pleading facts vs arguing evidence — the line every junior must learn The single most common drafting error is mixing up facts with evidence and argument . Order VI Rule 2 CPC is categorical: every pleading shall contain a statement in a concise form of the material facts on which the party relies, but not the evidence by which those facts are to be proved. So in the plaint you state what happened (a fact). You do not reproduce the witness's exact words, attach the lab report's reasoning, or argue the law. The proof comes later — through documents, affidavits of evidence and cross-examination. Evidence / argument (wrong place) "The defendant is clearly a habitual cheat, as PW-1 Mr. Rao will depose that he heard the defendant boast about not paying, and the handwriting expert's report at page 4, paragraph 3, proves the signature is genuine because the loops match…" Material fact (right place) "On 12.03.2024, the defendant executed a written agreement (Document No. 1) agreeing to pay ₹8,00,000 by 12.06.2024. Despite the agreed date having passed and a legal notice dated 20.06.2024 (Document No. 4), the defendant has failed and neglected to pay the said sum." Rule of thumb: if a sentence answers "what happened?" it is a fact and belongs in the plaint. If it answers "how will you prove it?" or "why should the court agree with you?" , it is evidence or argument and does not. Part 03 Order VI CPC — the principles that govern all pleadings Before touching Order VII, internalise Order VI. These principles decide whether your plaint is professionally drafted or amateur: Order VI Rule 2 — plead only material facts, in a concise form, not the evidence. Paragraphs to be numbered consecutively; dates, sums and numbers in figures and words. Order VI Rule 4 — wherever you plead misrepresentation, fraud, breach of trust, wilful default or undue influence, you must give full particulars with dates and items . Vague allegations of fraud are routinely struck down. Order VI Rule 6 — any condition precedent that you have performed need only be averred; non-performance by the other side must be specifically pleaded. Order VI Rule 9 — the effect of a document may be stated; you need not set out