Functions of Civil Court and essentials of a Plaint

 

 In the words of an ordinary person, it can be said that the main functions of a civil court are to deal with cases that are not criminal in nature. It is well-known fact that the Supreme Court and the High Courts are the constitutional courts and they are supreme from the other courts. Their jurisdiction is well defined in the Indian Constitution. But Civil Courts in India derive their powers from Civil Procedure Code, 1908 and their jurisdiction and functions can be ascertained from the code.

The first step is the presentation of Plaint according to section 26 order 4,6 and 7. After it the jurisdiction is to be ascertained according to Section 15 to 20. Section 15 deals with the pecuniary jurisdiction, Section 16 to 20 deals with the Territorial jurisdiction. After adhering to the above sections, a civil suit is filed. 

After the presentation of plaint (order 7) the next stage is the service of the summons on defendant. Summons is an official instrument used by the court to commence civil proceedings and to acquire jurisdiction over the parties. After the issue of the summons, the parties are required for the appearance. If the court feels it is necessary to pass Ex-parteDecree can pass it. Next is of Interlocutory proceedings i.e the period between initiation and disposal of litigation. The next stages are as follows: 

• Filing of written statement by defendant.

• Production of documents by parties.

• Examination of parties.

• Discovery and inspection.

• Admission.

• Framing of issues by the court.

• Summoning and attendance of witnesses.

• Hearing of Suits and Examination of Witnesses.

• Argument.

• Judgement.

• Preparation of Decree.

• Appeal, Review, Revision.

• Execution of Decree.

•  Order VII of the Code of Civil Procedure deals with plaint. But the definition of the plaint in not expressly defined in the code.  It can be said that a plaint is a legal document which contains the written submission or statement of the plaintiff’s claim towards the defendant. It is the most essential document for the initiation of the civil suit.

The essentials or the contents of the plaint are as follows-

• Plaint should contain the name of the court having the jurisdiction where a suit will be initiated.

• Details of the plaintiff which include name, address, and other details.

• Plaint should only contain the facts due to which cause of action arises and only relevant facts which summarise the case in short.

• Plaint should contain the relief which the plaintiff seeks.

• It must also include the amount allowed or relinquished by the plaintiff if any.

• It should be mentioned whether the plaintiff is of unsound mind, minor, or any other issues related to health.

It is most necessary to file a plaint because if the plaintiff’s legal right has been violated then it is necessary to seek damages or any other remedies available as per law. And the remedies have to be decided by the competent court. Thus, it is necessary to file a plaint adhering to the above essentials within the limitation period to seek the remedies as it is the most essential step and one of the primary stages in a suit.