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ORDER VII PLAINT - RULE 1, 2, 3, 4, 5, 6 OF CODE OF CIVIL PROCEDURE 1908

What are the Particulars to be contained in plaint? What are the particulars to be in In money suits? Where the subject-matter of the suit is immovable property? When plaintiff sues as representative? What is the meaning of Defendants interest and liability to be shown? What are the Grounds of exemption from limitation law? Rule 1, 2, 3, 4, 5 and 6 of Order VII of Code of Civil Procedure 1908


 

Particulars to be contained in plaint, In money suits, Where the subject-matter of the suit is immovable property, When plaintiff sues as representative, Defendants interest and liability to be shown and Grounds of exemption from limitation law are defined under Rule 1, 2, 3, 4, 5 and 6 of Order VII of Code of Civil Procedure 1908. Provisions under these Rules are:

Rule 1 Order VII of Code of Civil Procedure 1908 "Particulars to be contained in plaint"

The plaint shall contain the following particulars :-

(a) the name of the Court in which the suit is brought;

(b) the name, description and place of residence of the plaintiff;

(c) the name, description and place of residence of the defendant, so far as they can be ascertained;

(d) where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that effect;

(e) the facts constituting the cause of action and when it arose;

(f) the facts showing that the Court has jurisdiction;

(g) the relief which the plaintiff claims;

(h) where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed or relinquished; and

(i) a statement of the value of the subject-matter of the suit for the purposes of jurisdiction and of court-fees, so far as the case admits.

 

Rule 2 Order VII of Code of Civil Procedure 1908 "In money suits"

 Where the plaintiff seeks the recovery of money, the plaint shall state the precise amount claimed:

But where the plaintiff sues for mesne profits, or for an amount which will be found due to him on taking unsettled accounts between him and the defendant, or for movables in the possession of the defendant, or for debts of which the value he cannot, after the exercise of reasonable diligence, estimate, the plaint shall state approximately the amount or value sued for.

 

*Rule 2A. Where interest is sought in the suit

(1) Where the plaintiff seeks interest, the plaint shall contain a statement to that effect along with the details set out under sub-rules (2) and (3).

(2) Where the plaintiff seeks interest, the plaint shall state whether the plaintiff is seeking interest in relation to a commercial transaction within the meaning of section 34 of the Code of Civil Procedure, 1908 (5 of 1908) and, furthermore, if the plaintiff is doing so under the terms of a contract or under an Act, in which case the Act is to be specified in the plaint; or on some other basis and shall state the basis of that.

(3) Pleadings shall also state-

(a) the rate at which interest is claimed;

(b) the date from which it is claimed;

(c) the date to which it is calculated;

(d) the total amount of interest claimed to the date of calculation; and

(e) the daily rate at which interest accrues after that date.

STATE AMENDMENT

Jammu and Kashmir and Ladakh (UTs)
In Order VII, after Rule, insert the following Rule, namely:-

2A. Where interest is sought in the suit

(1) Where the plaintiff seeks interests, the plaint shall contain a statement to that effect along with the details set out under sub-rules (2) and (3).

(2) Where the plaintiff seeks interest, the plaint shall state whether the plaintiff is seeking interest in relation to a commercial transaction within the meaning of section 34 of the Code of Civil Procedure, 1908 and, furthermore, if the plaintiff is doing so under the terms of a contract or under an Act, in which case the Act is to be specified in the plaint; or on some other basis and shall state the basis of that.

(3) Pleadings shall also state-

(a) the rate at which interest is claimed;

(b) the date from which it is claimed;

(c) the date to which it is calculated;

(d) the total amount of interest claimed to the date calculation; and

(e) the daily rate at which interest accrues after the date.

[Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification

No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020).
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*Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015).

 

Rule 3 Order VII of Code of Civil Procedure 1908 "Where the subject-matter of the suit is immovable property"

Where the subject-matter of the suit is immovable property, the plaint shall contain a description of the property sufficient to identify it, and, in case such property can be identified by boundaries or numbers in a record of settlement or survey, the plaint shall specify such boundaries or numbers.

 

Rule 4 Order VII of Code of Civil Procedure 1908 "When plaintiff sues as representative"

Where the plaintiff sues in a representative character the plaint shall show not only that he has an actual existing interest in the subject-matter, but that he has taken the steps (if any) necessary to enable him to institute a suit concerning it.

 

Rule 5 Order VII of Code of Civil Procedure 1908 "Defendant's interest and liability to be shown"

The plaint shall show that the defendant is or claims to be interested in subject-matter, and that he is liable to be called upon to answer the plaintiff's demand.

 

Rule 6 Order VII of Code of Civil Procedure 1908 "Grounds of exemption from limitation law"

Where the suit is instituted after the expiration of the period prescribed by the law of limitation, the plaint shall show the ground upon which exemption from such law is claimed :

Provided that the Court may permit the plaintiff to claim exemption from the law of limitation on any ground not set out in the plaint, if such ground is not inconsistent with the grounds set out in the plaint.

 

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