Civil Litigation Procedure in Sri Lanka
Drafting the Plaint
Drafting the Plaint
The first step in bringing a civil case to court is preparing the plaint. This is the formal document that tells the court your side of the story. It transforms a client's grievance into a structured legal argument, following the rules laid out in Sections 39 to 54 of the Civil Procedure Code (CPC). Getting this document right is critical; a flawed plaint can stop a case before it even begins.
The Core Components
Every plaint begins with the basics. You must clearly state which court has the authority to hear the case. Then, you identify the parties involved: the plaintiff (the person filing the suit) and the defendant (the person being sued). Precision here is essential. Each party's details must be complete and accurate to ensure the case can proceed correctly.
| Party | Required Information |
|---|---|
| Plaintiff | Full name, description (e.g., occupation), and address. |
| Defendant | Full name, description, and address for service. |
Next comes the heart of the plaint: the cause of action. This isn't just a summary of what happened; it's a specific legal concept.
Cause of Action
noun
In Sri Lankan law, the specific event or set of facts that constitutes a denial of, or a threat to, the enjoyment of a legal right. This is the legal basis for the lawsuit.
To establish this, the plaint contains a series of numbered paragraphs called 'averments.' These are statements of fact that, when taken together, show the court that the plaintiff's rights were violated. Each averment should be a clear, concise statement building the narrative of the dispute. If these averments fail to disclose a valid cause of action, the court is empowered to reject the plaint outright under , effectively ending the case.
Asking for What You Want
After laying out the facts, the plaint must state exactly what the plaintiff wants the court to do. This is called the 'prayer for relief.' It's a direct request to the court for a specific judgment or order. The relief sought could be a demand for monetary damages, a request for an injunction to stop the defendant from doing something, or a declaration of rights over a piece of property.
The prayer tells the court exactly what you want it to do. Vague requests lead to uncertain outcomes, so this section must be drafted with precision.
Finally, the plaint must be verified. Under Section 40 of the CPC, the plaintiff must sign the document to confirm the truth of its contents. This is often accompanied by an —a sworn statement made before a person authorized to administer oaths, like a Justice of the Peace or a Commissioner for Oaths. This adds a layer of solemnity and legal weight, confirming that the person filing the suit stands by the facts presented.
To support the claims made in the plaint, two other critical documents must be attached at the time of filing: a Schedule of Documents and a List of Witnesses. The schedule lists all the documents you plan to rely on as evidence, like contracts, deeds, or letters. The list names the people you intend to call to testify. Submitting these at the very beginning is a strict requirement; failing to do so can mean that key evidence or testimony might not be allowed later during the trial.
What is the primary purpose of the 'averments' in a plaint?
According to the Civil Procedure Code, what is the most likely consequence if a plaint fails to disclose a valid cause of action?
Drafting the plaint is a foundational skill in civil litigation. By carefully following the requirements of the CPC, you ensure a client's case starts on solid legal ground, ready for the next stages of the legal process.
