Order VII Rules 7, 8, 9, 10, 10A, 10B, 11 and 12 CPC

Order VII Rule 7 CPC Relief to be specifically stated

Every plaint must specifically state the relief claimed, whether simply or in the alternative. It is not necessary to expressly ask for general or other relief that the Court may lawfully grant as it considers just to the same extent as if that relief had been specifically requested.

The same principle applies to relief claimed by a defendant in the written statement.

Order VII Rule 8 CPC Relief founded on separate grounds

Where the plaintiff seeks relief in respect of several distinct claims or causes of action founded on separate and distinct grounds, those grounds should, as far as possible, be stated separately and distinctly.

Order VII Rule 9 CPC Procedure on admitting plaint

The plaintiff must endorse on the plaint, or annex to it, a list of documents produced with the plaint. Where the plaint is admitted, the plaintiff must, within the time fixed by the Court or extended by it, provide the required number of copies for service on the defendants, subject to the Court's power in appropriate cases to permit concise statements instead.

The plaintiff must also pay the requisite fee for service of summons within the time fixed or extended by the Court. Where a party sues or is sued in a representative capacity, the copies or concise statements must show that capacity.

With the Court's permission, a concise statement may be amended so that it corresponds with the plaint. The chief ministerial officer of the Court is required to sign the list and copies or statements if, on examination, they are found correct.

Order VII Rule 10 CPC Return of plaint

Subject to Rule 10A, a plaint may at any stage of the suit be returned for presentation to the Court in which the suit should have been instituted.

The Rule expressly clarifies that an appellate or revisional Court may, after setting aside a decree, direct return of the plaint under Rule 10.

When returning the plaint, the Judge must endorse the date of its presentation and return, the name of the party presenting it, and a brief statement of the reasons for return.

Order VII Rule 10A CPC Power to fix a date of appearance after return of plaint

Where the defendant has appeared and the Court concludes that the plaint should be returned, the Court must first intimate that decision to the plaintiff.

The plaintiff may then identify the Court in which the plaint is proposed to be presented and request the returning Court to fix a date for the parties' appearance there and to give notice of that date.

If the application is allowed, the Court fixes the appearance date and gives notice to the parties. In that situation, fresh summons ordinarily need not be served by the Court in which the plaint is re-presented unless that Court, for recorded reasons, directs otherwise. The notice of appearance operates as summons for that date.

Where the plaintiff's application under Rule 10A(2) is allowed, the plaintiff is not entitled to appeal against the order returning the plaint.

Order VII Rule 10B CPC Power of appellate Court to transfer suit to the proper Court

Where an appellate Court confirms an order returning a plaint, it may, on the plaintiff's application, direct the plaintiff to file the plaint in the Court in which the suit should have been instituted, subject to the Limitation Act, 1963.

The appellate Court may also fix a date for appearance of the parties in the proper Court. Where such a date is fixed, fresh summons ordinarily need not be issued unless the transferee Court records reasons for directing otherwise.

A direction under Rule 10B does not prejudice the parties' right to question the jurisdiction of the Court in which the plaint is ultimately filed.

Order VII Rule 11 CPC Rejection of plaint

The plaint must 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 fails to correct the valuation within the time fixed by the Court;
(c) where the relief is properly valued but the plaint is insufficiently stamped and the plaintiff fails to supply the requisite stamp-paper within the time fixed by the Court; and
(d) where the suit appears from the statements in the plaint to be barred by any law.

The time fixed for correcting valuation or supplying requisite stamp-paper is not to be extended unless the Court records reasons and is satisfied that an exceptional cause prevented compliance within time and that refusal of an extension would cause grave injustice.

Order VII Rule 12 CPC Procedure on rejecting plaint

Where a plaint is rejected, the Judge must record an order to that effect together with the reasons for the rejection.