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CODE OF CIVIL PROCEDURE 1908

ORDER VI PLEADINGS GENERALLY

What is Pleading? What is the meaning Pleading to state material facts and not evidence? What are the Forms of pleading? What are the Particulars to be given where necessary? What is Further and better statement, or particulars? What is Condition precedent? Rule 1, 2, 3, 4, 5 and 6 of Order VI of Code of Civil Procedure 1908

 

 

What is Departure? What is Denial of contract? What is the Effect of document to be stated, Malice, knowledge, etc? What is notice Notice? What is Implied contract, or relation? Rule 7, 8, 9, 10, 11 and 12 of Order VI of Code of Civil Procedure 1908

What is Presumptions of law? What is the meaning of Pleading to be signed? What is Address for service of notice? What is Verification of pleadings? What is Striking out pleadings? What is Amendment of pleadings? What is Failure to amend after order? Rule 13, 14, 14A, 15, 16, 17 and 18 of Order VI of Code of Civil Procedure 1908

ORDER VII PLAINT

What is Pleading? What is the meaning Pleading to state material facts and not evidence? What are the Forms of pleading? What are the Particulars to be given where necessary? What is Further and better statement, or particulars? What is Condition precedent? Rule 1, 2, 3, 4, 5 and 6 of Order VI of Code of Civil Procedure 1908

What is the meaning of Relief to be specially? What is Relief founded on separate grounds? What is the Procedure on admitting plaint- Concise statements? What is Return of plaint? What is the Power of Court to fix a date of appearance in the Court where plaint is to be filed after its return? What is the Power of appellate Court to transfer suit to the proper Court? What is Rejection of plaint? What is the Procedure on rejecting plaint? Rule 7, 8, 9, 10, 10A, 10B, 11 and 12 of Order VII of Code of Civil Procedure 1908

Where rejection of plaint does not preclude presentation of fresh plaint? What is the meaning of Production of document on which plaintiff sues? What is Statement in case of documents not in plaintiff's possession or power? What are Suits on lost negotiable instruments? What is Production of shop-book? What is Inadmissibility of document not produced when plaint filed? Rule 13, 14, 15, 16, 17 and 18 of Order VII of Code of Civil Procedure 1908

 

 

ORDER VIII WRITTEN STATEMENT, SET OFF AND COUNTER CLAIM

What is Written statement? What is the meaning of New facts must be specially pleaded? What is Denial to be specific? What is Evasive denial? What is Specific denial? Rule 1, 2, 3, 4 and 5 of Order VIII of Code of Civil Procedure 1908

What are the Particulars of set-off to be given in written statement? What is Counter-claim by defendant? How Counter-claim to be stated? What is Exclusion of counter-claim? What is the Effect of discontinuance of suit? What is Default of plaintiff to reply to counter-claim? What is Relief to defendant where counter claim succeeds? What are Rules relating to written statement to apply? What is Defence or set-off founded upon separate grounds? What is New ground of defence? What is the Duty of defendant to produce documents upon which relief is claimed by him? What is Subsequent pleadings? What is the Procedure when party fails to present written statement called for by Court? Rule 6, 6A, 6B, 6C, 6D, 6E, 6F, 6G, 7, 8, 8A, 9 and 10 of Order VIII of Code of Civil Procedure 1908

ORDER IX APPEARANCE OF PARTIES AND CONSEQUENCE OF NON APPEARANCE

What is the meaning of Parties to appear on day fixed in summons for defendant to appear and answer? What is Dismissal of suit where summons not served in consequence of plaintiffs failure to pay costs? Where neither party appears, suit to be dismissed? What is the meaning Plaintiff may bring fresh suit or Court may restore suit to file? What is Dismissal of suit where plaintiff after summons returned un served, fails for one month to apply for fresh summons? What is the Procedure when only plaintiff appears? What is the Procedure where defendant appears on day of adjourned hearing and assigns good cause for previous non-appearance? Rule 1, 2, 3, 4, 5, 6 and 7 of Order IX of Code of Civil Procedure 1908

What is the Procedure where defendant only appears? What is the meaning of Decree against plaintiff by default bars fresh suit? What is the Procedure in case of non-attendance of one or wore of several plaintiff's? What is the Procedure in case of non-attendance of one or more of several defendants? What is the Consequence of non-attendance, without sufficient cause shown, of party ordered to appear in person? What is Setting aside decree ex parte against defendant? What is the meaning of No decree to be set aside without notice to opposite party? Rule 7, 8, 9, 10, 11, 12, 13 and 14 of Order IX of Code of Civil Procedure 1908

ORDER VII PLAINT - RULE 7, 8, 9, 10, 11, 12 OF CODE OF CIVIL PROCEDURE 1908

What is the meaning of Relief to be specially? What is Relief founded on separate grounds? What is the Procedure on admitting plaint- Concise statements? What is Return of plaint? What is the Power of Court to fix a date of appearance in the Court where plaint is to be filed after its return? What is the Power of appellate Court to transfer suit to the proper Court? What is Rejection of plaint? What is the Procedure on rejecting plaint? Rule 7, 8, 9, 10, 10A, 10B, 11 and 12 of Order VII of Code of Civil Procedure 1908

 

Relief to be specially, Relief founded on separate grounds, Procedure on admitting plaint- Concise statements, Return of plaint, Power of Court to fix a date of appearance in the Court where plaint is to be filed after its return, Power of appellate Court to transfer suit to the proper Court, Rejection of plaint and Procedure on rejecting plaint are defined under Rule 7, 8, 9, 10, 10A, 10B, 11 and 12 of Order VII of Code of Civil Procedure 1908. Provisions under these Rules are:

Rule 7 Order VII of Code of Civil Procedure 1908 "Relief to be specially"

Every Plaint shall state specifically the relief which the plaintiff claims either simply or in the alternative, and it shall not be necessary to ask for general or other relief which may always be given as the Court may think just to the same extent a if it had been asked for. And the same rule shall apply to any relief claimed by the defendant in his written statement.

Rule 8 Order VII of Code of Civil Procedure 1908 "Relief founded on separate grounds"

Where the plaintiff seeks relief in respect of several distinct claims or causes of action founded upon separate and distinct grounds, they shall be stated as far as may be separately and distinctly.

Rule 9 Order VII of Code of Civil Procedure 1908 "Procedure on admitting plaint- Concise statements"

(1) The plaintiff shall endorse on the plaint, or annex thereto, a list of the documents (if any) which he has produced along with it; and, if the plaint is admitted, shall present, within such time as may be fixed by the Court or extended by it from time to time, as many copies on plain paper of the plaint as there are defendants, unless the Court by reason of the length of the plaint or the number of the defendants, or for any other sufficient reason, permits him to present a like number of concise statements of the nature of the claim made, or of the relief claimed in the suit, in which case he shall present such statements.

(1A) The plaintiff shall, within the time fixed by the Court or extended by it under sub-rule (1), pay the requisite fee for the service of summons on the defendants.

(2) Where the plaintiff sues, or the defendant or any of the defendants is sued, in a representative capacity, such statements shall show in what capacity the plaintiff or defendant sues or is sued.

(3) The plaintiff may, by leave of the Court, amend such statements so as to make them correspond with the plaint.

(4) The chief ministerial officer of the Court shall sign such list and copies or statements if, on examination, he finds them to be correct.

Rule 10 Order VII of Code of Civil Procedure 1908 "Return of plaint"

(1) Subject to the provisions of rule 10A, the plaint shall at any stage of the suit be returned to be: presented to the Court in which the suit should have been instituted.

Explanation.- For the removal oil doubts, it is hereby declared that a Court of appeal or revision may direct, after setting aside the decree passed in a suit, the return of the plaint under this sub-rule.

(2) Procedure on returning plaint- On returning a plaint, the Judge shall endorse thereon the date of its presentation and return, the name of the party presenting it, and a brief statement of the reasons for returning it.

Rule 10A Order VII of Code of Civil Procedure 1908 "Power of Court to fix a date of appearance in the Court where plaint is to be filed after its return"

(1) Where, in any suit, after the defendant has appeared, the Court is of opinion that the plaint should be returned, it shall, before doing so, intimate its decision to the plaintiff.

(2) Where an intimation is given to the plaintiff under sub-rule (1), the plaintiff may make an application to the Court-

(a) specifying the Court in which he proposes to present the plaint after its return,

(b) praying that the Court may fix a date for the appearance of the parties in the said Court, and

(c) requesting that the notice of the date so fixed may be given to him and to the defendant.

(3) Where an application is made by the plaintiff under sub-rule (2), the Court shall, before returning the plaint and notwithstanding that the order for return of plaint was made by it on the ground that it has no jurisdiction to try the suit,-

(a) fix a date for the appearance of the parties in the Court in which the plaint is proposed to be presented, and

(b) give to the plaintiff and to the defendant notice of such date for appearance.

(4) Where the notice of the date for appearances is given under sub-rule (3),-

(a) it shall not be necessary for the Court in which the plaint is presented after its return, to serve the defendant with a summons for appearance in the suit, unless that Court, for reasons to be recorded, otherwise direct, and

(b) the said notice shall be deemed to be a summons for the appearance of the defendant in the Court in which the plaint is presented on the date so fixed by the Court by which the plaint was returned.

(5) Where the application made by the plaintiff under sub-rule (2) is allowed by the Court, the plaintiff shall not be entitled to appeal against the order returning the plaint.

Rule 10B Order VII of Code of Civil Procedure 1908 "Power of appellate Court to transfer suit to the proper Court"

(1) Where, on an appeal against an order for the return of plaint, the Court hearing the appeal confirms such order, the Court of appeal may, if the plaintiff by an application so desires, while returning the plaint, direct plaintiff to file the plaint, subject to the provisions of the Limitation Act, 1963 (36 of 1963), in the Court in which the suit should have been instituted, (whether such Court is within or without the State in which the Court hearing the appeal is situated), and fix a date for the appearance of the parties in the Court in which the plaint is directed to be filed and when the date is so fixed it shall not be necessary for the Court in which the plaint is filed to serve the defendant with the summons for appearance in the suit, unless that Court in which the plaint is filed, for reasons to be recorded, otherwise directs.

(2) The direction made by the Court under sub-rule (1) shall be without any prejudice to the rights of the parties to question the jurisdiction of the Court, in which the plaint is filed, to try the suit.

Rule 11 Order VII of Code of Civil Procedure 1908 "Rejection of plaint"

The plaint shall be rejected in the following cases :-

(a) where it does not disclose a cause of action;

(b) where the relief claimed is undervalued, and the plaintiff, on being required by the Court to correct the valuation within a time to be fixed by the Court, fails to do so;

(c) where the relief claimed is properly valued, but the plaint is returned upon paper insufficiently stamped, and the plaintiff, on being required by the Court to supply the requisite stamp-paper within a time to be fixed by the Court, fails to do so;

(d) where the suit appears from the statement in the plaint to be barred by any law :

Provided that the time fixed by the Court for the correction of the valuation or supplying of the requisite stamp-paper shall not be extended unless the Court, for reasons to be recorded, is satisfied that the plaintiff was prevented by any cause of an exceptional nature from correcting the valuation or supplying the requisite stamp-paper, as the case may be, within the time fixed by the Court and that refusal to extend such time would cause grave injustice to the plaintiff

Rule 12 Order VII of Code of Civil Procedure 1908 "Procedure on rejecting plaint"

Where a plaint is rejected the Judge shall record an order to that effect with the reasons for such order.

 

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