Drafting of the Plaint in Suit and Summary suit, Notice of motion and Affidavit in support

A friend lends ₹8 lakh to a neighbour in Vashi, takes a signed agreement, and the money never comes back. After the lawyer's notice is ignored, the friend walks into the City Civil Court with one question: what exactly do I hand the court so that this becomes a case? The answer is a plaint, and the way it is written decides how fast the case moves. If the loan is backed by a written contract, the plaint may take a quicker road, the summary suit. And if the neighbour is selling off his flat meanwhile, a notice of motion with an affidavit asks the court for urgent protection.

In two minutes

A plaint is the written statement of claim by which a suit is instituted (CPC s.26); Order VII rule 1 lists what it must contain, a summary suit under Order XXXVII adds a specific averment and inscription, and a notice of motion with a supporting affidavit seeks interim relief inside the suit.

The rest of this chapter

The full explanation, the cheat sheet, every previous-year question at every mark weight, the quiz and the answer skeletons are part of Drafting, Pleading and Conveyancing – III on LexBlox Semester. Sign in to unlock the subject, or read Module 1 of Legal Language and Writing free.