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.