Procedure on admitting Plaint in Court| Order 7 Rule 9-12 of Civil Procedure Code



               

Procedure on Admitting Plaint

As per Rule 9 of Order VII, where the Court orders that the summons be served on the defendants in the manner provided in Rule 9 of Order V, it will direct the plaintiff to present as many copies of the plaint on plain paper as there are defendants within seven days from the date of such order along with requisite fee for service of summons on the defendants.

Return of Plaint

Rule 10 deals with the return of plaint. It states that -

(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 of 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.

Rejection of Plaint

Rule 11 deals with the rejection of plaint. It states that -

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 the 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.

(e) where it is not filed in duplicate.

(f) where the plaintiff fails to comply with the provisions of rule 9.

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.

Procedure on Rejecting Plaint

As per Rule 12 of Order VII, where a plaint is rejected, the Judge shall record an order to that effect with the reasons for such an order.

[dimplejaiswal]

Madam information acha h but very disturbing