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P.C. Joshi (service)     08 August 2009

plaint & petition

Can anyone throgh some light about the difference between petition/suit and plaint. Like matters in which thy are to be filed etc.

Regards,

P.C. Joshi
CS,LLB


Learning

 9 Replies

v.sreenivas sivaram (senior civil judge CUM ADMINISTRATIVE OFFICER)     11 August 2009

plaint is a term equal to complaint in a civl suit ,and petition is an interlocutory application in a civil suit

Adv.Aiyer VLV (Proprietor)     27 March 2010

That is not always true. 

there are petitions prescribed in statutes which allows persons to file petitions like, restitution of conjugal right, even writ under Article 32, 226, 227 are petitions. 

Plaint is document required to initiate a suit, wherein no statute has prescribed filing petition with court in a prescribed manner. 

plaint is covered under CPC. petition will be governed by respective statute in addition CPC wherever applicable.

petitions are to obtain order of the court. plaint will result in determination of rights through a decree.

IAs are also called miscellaneous petition in some HC (like cuttack). 

plaint helps in establishing legal rights, petition in enforcing already recognised legal rights.

these are few to my memory immediately

there could be more. in LLB under drafting, pleading and conveyancing this question is asked for 10 marks. you will get loads of info

regards

VLV 

Adv.Aiyer VLV (Proprietor)     27 March 2010

petitions could be used in proceedings initiated already like plaint, appeal etc. but plaint can be used only to initiate proceeding. no plaint can be filed in proceeding on plaint.

plaint can be filed at the lowest level of court, whereas petitions can be filed at any court including supreme court, tribunals

plaint relates to civil proceedings alone. petitions can be civil or criminlal. in criminal proceeding no plaint is used only com-plaints or petitions. petitions are used for initiating proceedings as well as during any proceeding asking court using inherent power to review, revise or pass interim orders.

in a plaint we have plaintiff and defendant. in petition we have petitioner and respondent. 

regards

VLV

saw your query in feeleminds too. so assume you are writing DPC exam in LLB. aTB

Suryanarayana Tangirala (Advocate)     27 March 2010

too lengthy answers by my friend. A suit is filed under provsions of C.PC,Plaint is form of pleading in which suit is filed. Petition's are filed if there is a Special enactment eg., Hindu marriage Act,Motor Vehicle Act etc., My freind u need to be trained to know all that in detail.I hope my answer will satisfy your query.
 

Suryanarayana Tangirala (Advocate)     27 March 2010

I would like to add Original to my earlier reply kindly read it as Original Petition here is the reply again:

A suit is filed under provsions of C.PC,Plaint is form of pleading in which suit is filed. Original Petition's are filed if there is a Special enactment eg., Hindu marriage Act,Motor Vehicle Act etc.,

I feel like adding few more lines after reading Mr.sreenivas sivaram's reply Interlouctory applications are also called as petition's in usage they are filed to seek interim relief's and others in main case(suit/Original Petition etc.,)
 

My friend u need to be trained to know all that in detail so i have not quoted provisions.I hope my answer will satisfy your query.

Adv.Aiyer VLV (Proprietor)     02 April 2010

Mr. Joshi

please come back on whether you got the expected content. 

Little thanks will always help

regards


VLV

1 Like

pratik (self working)     29 April 2011

As the question has been asked by me many times but no LD members are capable to answer or don't what to answer i dont known why so no it is a request to u all with due respect to answer it dont say no.

 

What is the meaning & difference between original petitions & verified petitions, also the meaning of  interlocutory applications , interim applications , civil misc petition & criminal misc petition, counter affidavit, rejoinder affidavit & Proof addavit . Also where can we usee it ?

 

as it seem that the question is to big but what to do no one answer a signal of it.

 

It wil be high appreciated if i got the answer.

 

sonam basu (student)     17 November 2011

Is the form of filing plaint and petition same????

pratik (self working)     18 November 2011

some one answer by question a request

Thanks


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