A plaint is the document that initiates a civil suit in Bangladesh. It is the plaintiff's formal statement of their claim, setting out the facts, the legal grounds, and the relief sought. A well-drafted plaint is the foundation of a successful civil case. TRW — Tahmidur Rahman Remura Wahid Law Associates drafts plaints with precision and legal expertise, ensuring that the plaintiff's claim is presented in the most compelling and legally sound manner.
Legal Requirements for a Plaint
The requirements for a plaint are set out in Order 7 of the Code of Civil Procedure 1908 (CPC). A plaint must contain: the name of the court; the name, description, and place of residence of the plaintiff; the name, description, and place of residence of the defendant; the facts constituting the cause of action and when it arose; the facts showing that the court has jurisdiction; the relief claimed; and a statement of the value of the subject matter for the purpose of jurisdiction and court fees. The plaint must be signed by the plaintiff and verified by an affidavit.
Order 7, Rule 11 of the CPC provides that the court shall reject a plaint that does not disclose a cause of action, that is barred by limitation, or that does not comply with the formal requirements. TRW ensures that every plaint it drafts fully complies with Order 7 and discloses a clear and legally sustainable cause of action.
Choosing the Right Court
Choosing the right court to file the suit is critical. The jurisdiction of civil courts in Bangladesh is determined by the Civil Courts Act 1887 and the Code of Civil Procedure 1908. The relevant factors are: the subject matter of the suit (some courts have exclusive jurisdiction over certain types of cases); the value of the suit (different courts have different pecuniary jurisdiction); and the location of the defendant or the subject matter of the suit (territorial jurisdiction). TRW advises on the appropriate court for each case and ensures that the plaint is filed in the court with proper jurisdiction.
Court Fees and Stamp Duty
Court fees are payable on the plaint under the Court Fees Act 1870. The court fee is calculated as a percentage of the value of the suit. Insufficient court fees can result in the plaint being returned for amendment. TRW calculates the correct court fee for each case and ensures that the plaint is properly stamped before filing.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's civil litigation team draft plaints for all types of civil suits. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: What is the difference between a plaint and a petition?
A: A plaint is filed in a civil suit. A petition is filed in applications and special proceedings (e.g., writ petitions, bail petitions).
Q: Can a plaint be amended after filing?
A: Yes. A plaint can be amended with the court's permission under Order 6, Rule 17 of the CPC.
Q: What happens if the plaint is rejected?
A: The plaintiff can appeal against the rejection of the plaint or file a fresh plaint correcting the deficiency.
