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Supreme Court Rules 2013 / Order XXVI

Order XXVI - Plaints under Supreme Court Rules, 2013

Rules 1 to 12 explain how an original suit is instituted by plaint before the Supreme Court of India, what a plaint must disclose, which documents must accompany it and when a plaint may be rejected.

Order XXVI forms part of Part III (Original Jurisdiction), under the provisions governing original suits. It must be read together with Order XXIX on pleadings generally and other applicable procedural directions.

Meaning of key terms: A plaint is the initiating pleading in a civil suit; a cause of action consists of the material facts giving rise to the claim; jurisdiction means the Court's legal authority to hear the suit; and relief means the declaration or other remedy sought from the Court. In the Supreme Court, original suits commonly engage Article 131 of the Constitution, subject to its specific parties and subject-matter requirements. Order XXVI does not independently confer jurisdiction.

Contents of Order XXVI

  1. Rule 1: Institution of suit
  2. Rule 2: Presentation and registration
  3. Rule 3: General pleading requirements
  4. Rule 4: Necessary particulars
  5. Rule 5: List of documents produced
  6. Rule 6: Grounds for rejection
  7. Rule 7: Reasoned rejection order
  8. Rule 8: Fresh plaint after rejection
  9. Rule 9: Documents on which suit is based
  10. Rule 10: Other supporting documents
  11. Rule 11: Documents held by others
  12. Rule 12: Consequence of omission

Order XXVI - Complete rule-by-rule provisions

Rule 1 - Institution of suit

Every suit shall be instituted by the presentation of a plaint.

Rule 2 - Presentation and registration

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.

Rule 3 - General pleading requirements

Every plaint shall comply with the rules contained in Order XXIX of these rules so far as they are applicable.

Rule 4 - Necessary particulars

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.

Rule 5 - List of documents produced

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.

Rule 6 - Grounds for rejection

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.

Rule 7 - Reasoned rejection order

Where a plaint is rejected the Court shall record an order to that effect with the reasons for the order.

Rule 8 - Fresh plaint after rejection

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.

Rule 9 - Documents on which suit is based

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.

Rule 10 - Other supporting documents

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.

Rule 11 - Documents held by others

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.

Rule 12 - Consequence of omission

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 of the Court be received in evidence at the hearing of the suit.

Practical filing requirements

The plaintiff should identify the parties, plead material facts and the date when the cause of action arose, explain the jurisdictional basis and specify the relief sought. Documents relied upon should be produced or listed as required by Rules 5 and 9 to 11. A document omitted contrary to Rule 12 generally requires leave of the Court before it can be received in evidence at the hearing.

Rule 6 provides two express grounds for rejection: absence of a disclosed cause of action and a bar apparent from the plaint itself. Under Rule 7, reasons must be recorded; Rule 8 makes clear that rejection alone does not bar presentation of a fresh plaint on the same cause of action. Filing remains subject to other applicable law, Registry requirements and judicial directions.

Related law and official resources

Supreme Court of India - Supreme Court Rules and amendments; Supreme Court official website; India Code - Constitution of India and Code of Civil Procedure, 1908. Check subsequent amendments, notifications and practice directions when filing.