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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 plaint.

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 arose;

(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.

 

SUPREME COURT RULES 2013

(D) PROVISIONS REGARDING SPECIAL LEAVE PETITIONS UNDER
ARTICLE 136 OF THE CONSTITUTION

Order XXI - Special Leave Petitions (Civil) SLP

Order XXII - Special Leave Petitions in Criminal Proceedings

(E) APPEALS UNDER THE SPECIAL ACTS

Order XXIII - appeals under section 38 of the advocates act, 1961(25 of 1961)

Order XXIV - Appeals under Section 23 of the Consumer Protection Act 1986

PART- III
ORIGINAL JURISDICTION
(A) ORIGINAL SUITS

Order XXV - Parties to Suits

 

 

Order XXVI - Plaints

Order XXVII - Issue and Service of Summons

Order XXVIII - Written Statement, Set-off and Counter-Claim

Order XXIX - Pleadings Generally

Order XXX - Discovery and Inspection

 

 

Order XXXI - Admissions

Order XXXII - Summoning and attendance of Witnesses

Order XXXIII - Adjournments

Order XXXIV - Hearing of the Suit

Order XXXV - Withdrawal and adjustment of Suits

 

 

Order XXXVI - Payment into court

Order XXXVII - Special Case

(B) PETITIONS UNDER ARTICLE 32 OF THE CONSTITUTION

Order XXXVIII - Application for enforcement of fundamental rights (Article 32 of Constitution)

Order XXXIX - Applications for transfer of criminal proceeding under section 406 of the Criminal Procedure Code, 1973 and Section 11 of the Terrorist affected areas (Special Courts) Act, 1984

Order XL - Application for transfer under Article 139A (1) of the Constitution

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