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CPC | Rejection of Plaint | Plaint | Order VII | order 7 rule 11 cpc
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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.
2. 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
1
[or for moveables 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 2
[or value] sued for.
3. Where the subject-matter of the suit is immoveable property.– Where
the subject-matter of the suit is immoveable 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 of survey,
the plaint shall specify such boundaries or numbers.
4. 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.
5. Defendant‟s interest and liability to be shown.– The plaint shall show
that the defendant is or claims to be interested in the subject-matter, and that
he is liable to be called upon to answer the plaintiff‟s demand.
6. 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.
7. Relief to be specifically stated.– 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 as if it had been asked for. And the same
rule shall apply to any relief claimed by the defendant in his written statement.
8. Relief founded on separate grounds.– Where the plaintiff seeks relief in
respect of several distinct claims or causes of action founded upon separ
oRDER VII
Plaint
1. 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;
1
Inserted by the Law Reforms Ordinance, 1972 (XII of 1972), published in the
0. Return of plaint.– (1) 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.
(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.
11. 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 written
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:
3
[(d) where the suit appears, from the record available with the court, to be
barred by any law.]
4
[11-A.Separate application barred.– A plea for rejection of plaint under rule 11
may be raised
#cpc #legalhelp #rejectionplaint
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.
2. 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
1
[or for moveables 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 2
[or value] sued for.
3. Where the subject-matter of the suit is immoveable property.– Where
the subject-matter of the suit is immoveable 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 of survey,
the plaint shall specify such boundaries or numbers.
4. 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.
5. Defendant‟s interest and liability to be shown.– The plaint shall show
that the defendant is or claims to be interested in the subject-matter, and that
he is liable to be called upon to answer the plaintiff‟s demand.
6. 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.
7. Relief to be specifically stated.– 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 as if it had been asked for. And the same
rule shall apply to any relief claimed by the defendant in his written statement.
8. Relief founded on separate grounds.– Where the plaintiff seeks relief in
respect of several distinct claims or causes of action founded upon separ
oRDER VII
Plaint
1. 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;
1
Inserted by the Law Reforms Ordinance, 1972 (XII of 1972), published in the
0. Return of plaint.– (1) 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.
(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.
11. 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 written
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:
3
[(d) where the suit appears, from the record available with the court, to be
barred by any law.]
4
[11-A.Separate application barred.– A plea for rejection of plaint under rule 11
may be raised
#cpc #legalhelp #rejectionplaint
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