Step 1: Understanding the Question:
This question is based on the Code of Civil Procedure (CPC), 1908.
We need to identify the exact legal definition and meaning of a "Plaint" in a civil lawsuit.
Step 2: Detailed Explanation:
• In civil litigation, a lawsuit is initiated by presenting a formal written pleading to the civil court. This document is called a
"Plaint".
- The rules governing a plaint are detailed under
Order VII of the Code of Civil Procedure, 1908.
• The person who files the suit is called the
Plaintiff.
• In the plaint, the plaintiff details their claims, the facts supporting their case, the cause of action (the legal reason for filing the suit), the court's jurisdiction, and the specific reliefs or remedies sought from the court.
• Let us examine the given options:
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Option (A): "claims in which the plaintiff sets out his cause of action with all necessary particulars" - This is correct because the plaint is legally the statement of the plaintiff.
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Option (B): "claims in which a witness sets out..." - This is incorrect because a witness does not file a suit; they only provide evidence.
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Option (C): "claims in which the advocate sets out..." - While an advocate drafts and presents the plaint, the cause of action and claims belong to the plaintiff (the client), not the advocate.
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Option (D): "claims in which the authority sets out..." - This is incorrect because the term plaint is not limited to public authorities; any private individual (plaintiff) can file a plaint.
Step 3: Final Answer:
A plaint refers to the statement of claims filed by the plaintiff, which corresponds to Option (A).