Order XXVI - Plaints : Supreme Court Rules 2013
How to file Plaints? Order XXVI of Supreme Court Rules 2013
Order XXVI of Supreme Court Rules 2013 : "Plaints"
1. Every suit shall be instituted by the presentation of a
2. A plaint shall be presented to the Registrar, and all
plaints shall be registered and numbered by him according to the
order in which they are presented.
3. Every plaint shall comply with the rules contained in
Order XXIX of these rules so far as they are applicable.
4. A plaint shall contain the following particulars:
(a) the names of the plaintiff and of the defendant;
(b) the facts constituting the cause of action and when it
(c) the facts showing that the Court has jurisdiction;
(d) the declaration or relief which the plaintiff claims.
5. 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 the Registrar shall sign the list if on
examination he finds it to be correct.
6. The plaint shall be rejected:-
(a) where it does not disclose a cause of action.
(b) where the suit appears from the statement in the plaint
to be barred by any law.
7. Where a plaint is rejected the Court shall record an order
to that effect with the reasons for the order.
8. The rejection of the plaint shall not of itself preclude
the plaintiff from presenting a fresh plaint in respect of the
same cause of action.
9. Where a plaintiff sues upon a document in his possession
or power, he shall produce it to the Registrar when the plaint
is presented and shall at the same time deliver the document or
a copy thereof to be filed with the plaint.
10. Where the plaintiff relies on any other documents
(whether in his possession or power or not) as evidence
in support of his claim, he shall enter such documents
in a list to be added or annexed to the plaint.
11. Where any such document is not in the possession or power
of the plaintiff, he shall, if possible, state in whose
possession or power it is.
12. A document which ought to be produced in Court by the
plaintiff when the plaint is presented or to be entered in the
list to be added or annexed to the plaint, and which is not
produced or entered accordingly, shall not without the leave to
the Court, be received in evidence at the hearing of the suit.