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The plaint: contents and a model suit for recovery of money

Drafting, Pleading and Conveyance · Unit II · Topic 5 of 19 · 7 min read

The particulars Order VII of the CPC requires in every plaint, the paragraphs on cause of action, jurisdiction, valuation and limitation, the grounds of rejection under Order VII Rule 11, and a complete model plaint for recovery of a loan with interest.

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On this page
  1. 1. The particulars of Order VII Rule 1
  2. 2. The paragraphs every plaint carries
  3. 3. Interest in a money decree
  4. 4. Rejection of plaint: what the draft must avoid
  5. 5. Model plaint for recovery of money
  6. How this is examined
Cases checked to exist. Read the judgment before quoting a holding.

Every case cited here has been checked to exist — the citation resolves and names the right parties. The propositions attributed to each case have not been verified line by line against the judgment. Case names link through to the full judgment: read it before quoting a holding in an examination answer, and never carry a proposition from notes into court on trust.

A plaint is a checklist with a story in it. Section 26 of the CPC says every suit is instituted by presenting a plaint, and section 26(2) adds that the facts in the plaint shall be proved by affidavit. Order VII Rule 1 then lists what the plaint must contain. Draft the story (the facts) in the language of Order VI, and then make sure each item of Order VII Rule 1 has its own paragraph.

1. The particulars of Order VII Rule 1

  1. (a) The name of the court.
  2. (b) Name, description and place of residence of the plaintiff.
  3. (c) The same for the defendant, so far as can be ascertained.
  4. (d) A statement if either party is a minor or of unsound mind.
  5. (e) The facts constituting the cause of action and when it arose.
  6. (f) The facts showing that the court has jurisdiction.
  7. (g) The relief claimed.
  8. (h) Any set-off allowed or portion of claim relinquished.
  9. (i) The value of the subject-matter for jurisdiction and court fee.

Other rules of Order VII add: in a money suit, the precise amount claimed (Rule 2); where the suit is barred by limitation on its face, the ground of exemption (Rule 6); the relief stated specifically, and reliefs on separate grounds stated separately (Rules 7 and 8); and the documents sued on or relied on, entered in a list and produced with the plaint (Rule 14).

2. The paragraphs every plaint carries

3. Interest in a money decree

Section 34 CPC lets the court award interest at the rate it considers reasonable from the date of the suit to the decree (pendente lite) and from the decree to payment (future interest). Future interest is capped at 6 per cent a year unless the liability arose out of a commercial transaction, where it may go up to the contractual rate or, absent one, the rate at which nationalised banks lend. Interest for the period before suit is claimed as a sum due under the contract and must be pleaded and calculated in the plaint.

4. Rejection of plaint: what the draft must avoid

Order VII Rule 11 requires the court to reject a plaint (a) where it does not disclose a cause of action; (b) where the relief is undervalued and the plaintiff does not correct it; (c) where it is insufficiently stamped and the deficit is not made good; (d) where the suit appears from the statement in the plaint to be barred by any law; (e) where it is not filed in duplicate; (f) where the plaintiff fails to comply with Rule 9. Each ground maps to a paragraph of the draft. A plaint that omits the date of the loan invites a Rule 11(d) application on limitation.

5. Model plaint for recovery of money

Illustrative template, hypothetical facts.

IN THE COURT OF THE ____ CIVIL JUDGE AT DHARWAD (choose the court by its pecuniary limit under the Karnataka Civil Courts Act, 1964)

O.S. No. ____ of 2026

Plaintiff: Sri Anil V. Desai, son of Vasant Desai, aged about 48 years, merchant, residing at No. 18, Malmaddi, Dharwad 580 007.

Defendant: Sri Mahesh S. Kulkarni, son of Shankar Kulkarni, aged about 42 years, contractor, residing at No. 7, Saptapur, Dharwad 580 001.

PLAINT UNDER ORDER VII RULE 1 READ WITH SECTION 26 OF THE CODE OF CIVIL PROCEDURE, 1908

The plaintiff states as follows:

  1. The plaintiff and the defendant are described above. Their addresses for service of summons and notices are as stated.
  2. The plaintiff and the defendant have known each other for about ten years.
  3. On 10 January 2025 the defendant asked the plaintiff for a loan of Rs. 4,00,000 (Rupees Four Lakh only) for his business, and agreed to repay it on demand with interest at 9 per cent per annum.
  4. On the same day the plaintiff lent the defendant Rs. 4,00,000 by RTGS transfer from his Savings Bank Account No. 0000-XXXX at Canara Bank, Dharwad Main Branch to the defendant’s account. The bank statement is produced as Document No. 1.
  5. On 12 March 2026 the defendant sent the plaintiff a WhatsApp message admitting the loan and asking for time. A printout, with a certificate under section 63 of the Bharatiya Sakshya Adhiniyam, 2023, is produced as Document No. 2.
  6. On 15 July 2026 the plaintiff demanded repayment. The defendant did not pay.
  7. On 5 October 2026 the plaintiff, through his advocate, sent a legal notice by registered post demanding repayment within 15 days. The defendant received it on 8 October 2026 but has neither paid nor replied. The notice and acknowledgment are Documents No. 3 and 4.
  8. The defendant is liable to pay the plaintiff the principal of Rs. 4,00,000 and interest at 9 per cent per annum from 10 January 2025 to the date of suit, which on 30 November 2026 amounts to Rs. 67,956 (Rupees Sixty-seven Thousand Nine Hundred and Fifty-six only), in all Rs. 4,67,956.
  9. Cause of action. The cause of action arose on 10 January 2025 when the loan was made, on 15 July 2026 when repayment was demanded and refused, and on 8 October 2026 when the defendant received the legal notice and did not pay, at Dharwad within the jurisdiction of this Court.
  10. Jurisdiction. The defendant resides and the loan was made at Dharwad. The value of the suit is within the pecuniary jurisdiction of this Court.
  11. Valuation and court fee. The suit is for recovery of Rs. 4,67,956 and is valued at that sum. Court fee computed under the Karnataka Court-fees and Suits Valuation Act, 1958 is paid on the plaint.
  12. Limitation. The loan was payable on demand. Under Article 21 of the Schedule to the Limitation Act, 1963 the period is three years from when the loan was made, that is, from 10 January 2025. The suit is within time.
  13. The plaintiff has not filed any other suit on the same cause of action.

Prayer. The plaintiff prays that this Court pass a decree against the defendant: (a) directing him to pay the plaintiff Rs. 4,67,956 (Rupees Four Lakh Sixty-seven Thousand Nine Hundred and Fifty-six only); (b) awarding interest on Rs. 4,00,000 at 9 per cent per annum from the date of suit till realisation under section 34 of the Code; (c) awarding costs of the suit; and (d) granting such other relief as the Court thinks fit.

Place: Dharwad. Date: 30 November 2026.   Sd/- Plaintiff.   Sd/- Advocate for Plaintiff.

Verification. I, Anil V. Desai, the plaintiff, verify that the contents of paragraphs 1 to 8 and 13 are true to my personal knowledge, and paragraphs 9 to 12 are based on legal advice which I believe to be true. Verified at Dharwad on 30 November 2026. Sd/- Plaintiff.

Enclosures: affidavit in support under Order VI Rule 15(4); list of documents under Order VII Rule 14; address for service under Order VI Rule 14A; vakalath.

Check the forum. A suit is a “commercial dispute” only if it arises from a transaction listed in section 2(1)(c) of the Commercial Courts Act, 2015 and its value is at least the specified value of Rs. 3 lakh. A friendly loan between two individuals is not such a transaction, so the model is an ordinary suit. If the loan were between merchants in the course of trade, the plaint would need pre-institution mediation under section 12A (unless urgent interim relief is sought) and a Statement of Truth under Order VI Rule 15A.

How this is examined

The plaint is the core civil exercise in the 15-exercise drafting set (3 marks each). Usual variants: recovery of money, recovery of possession, permanent injunction, specific performance of an agreement of sale, and declaration. At the viva expect: the particulars of Order VII Rule 1; what “cause of action” means; why limitation and valuation paragraphs are needed; the grounds of rejection under Rule 11; and the difference between Rule 11 rejection and return of the plaint under Rule 10.