Free Judiciary Notes · CPC Notes
CPC Order 7 Rule 1-10, 10A-B
21 min read
PLAINT—ORDER 7-- (should be read with Section 26)
R. 1-8 --- relate to particulars in a plaint.
R. 9 --- relate to procedure on plaint being admitted.
R. 10 to 10-B provides for return of plaint, and appearance of parties.
R. 11 to 13 deal with rejection of plaint.
R. 14 to 17 contain provisions relating to production of documents.
Plaint: Order 7
1. Meaning
2. Particulars: Rules 1-18
a. Parties to suit
b. Cause of action
c. Jurisdiction of court
d. Valuation
e. Limitation: Rule 6
f. Relief: Rule 7-8
g. Events happening after Institution of suit
h. Admission of plaint: Rule 9
3. Return of plaint: Rules 10-10-B
4. Rejection of plaint: Rule 11
i. Where plaint does not disclose cause of action?
ii. Where relief claimed is undervalued
iii. Where plaint is insufficiently Stamped?
iv. Where suit is barred by Law?
v. Where plaint is not in Duplicate?
vi. Where there is non-Compliance with Statutory provisions?
vii. Other grounds
5. Procedure on rejection of plaint: Rule 12
6. Effect of rejection of Plaint: Rule 13
7. Appeal
8. Document relied on in plaint: Rules 14-1
MEANING
The expression “plaint” has not been defined in the Code. However, it can said to be a statement of claim, a document, by presentation of which the suit is instituted.
Its object is to state the grounds upon which the assistance of the court is sought by the plaintiff. It is a pleading of the plaintiff.
PARTICULARS ---- RULES 1-8
RULE 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;
h. 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.
'Particulars to be contained in plaint' is mentioned in
(a) Order VI, Rule 15
(b) Order VI, Rule 12
(c) Order VII, Rule 1
(d) Order IV, Rule 14
A plaint shall contain
(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) All of the above
There must be two parties in every suit, namely, the plaintiff and the defendant. There may, however, be more than one plaintiff or more than one defendant. But there must be at least one plaintiff and one defendant in every suit. All particulars, such as name, father's name, age, place of residence, etc., which are necessary to identify the parties, must be stated in the plaint.
A plaint shall contain
(a) Where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that effect;
(b) The facts constituting the cause of action and when it arose;
(c) The facts showing that the Court has jurisdiction;
(d) All of the above
A plaint shall contain
(a) The relief which the plaintiff claims
(b) Where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed or relinquished
(c) 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.
(d) All of the above
CAUSE OF ACTION
GANESH TRADING CO. V. MOJI RAM, (1978) 2 SCC 91
The expression "cause of action" has not been defined in the Code, it may be described as "a bundle of essential facts, which it is necessary for the plaintiff to prove before he can succeed or "which gives the plaintiff right to relief against the defendant".
Thus, "cause of action" means every fact, which it is necessary to establish to support a right or obtain a judgment. [Sadanandan v. Madhavan, (1998) 6 SCC 514 at p. 518:] To put it differently, cause of action gives occasion for and forms the foundation of the suit.
COOKE V. GILL [(1873) 8 CP 107 AT P. 116]
The classic definition of the said expression is found in the case of Cooke v. Gill [(1873) 8 CP 107 at p. 116] wherein Lord Brett observed: "Cause of action means every fact which it would be necessary for the plaintiff to prove, if traversed, in order to support his right to the judgment of the court."
It must be antecedent to the institution of the suit and on the basis of that cause of action the suit must have been filed. Whether any particular facts constitute a cause of action has to be determined with reference to the facts of each case, taking into consideration the substance of the matter rather than the form of action.
Every suit presupposes the existence of a cause of action against the defendant because if there is no cause of action, the plaint will have to be rejected. [R. 11(a).] It is also necessary for the plaintiff to state specifically when such cause of action arose. This will enable the defendant as well as the court to ascertain from the plaint whether in fact and in law the cause of action as alleged by the plaintiff in the plaint did arise or not.
Any error on the part of the plaintiff in indicating the date on which the cause of action arose would be of little consequence if the cause of action had arisen on the date on which the suit was filed and the suit was within limitation from the said date.
RULE 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, or for movables 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 or value sued for.
In money suit the plaint shall state
(a) Precise amount claimed
(b) Only principal amount
(c) Only principal amount and interest
(d) All of the above
In which of the following cases, the Plaintiff need not state the precise amount claimed?
(a) Suit for mesne profit
(b) Suit for movables in the possession of defendant
(c) Suit for an amount which will be due to him on taking unsettled accounts between him and the defendant
(d) All of the above
RULE 3-- “WHERE THE SUBJECT-MATTER OF THE SUIT IS IMMOVABLE PROPERTY"
Where the subject-matter of the suit is immovable 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 or survey, the plaint shall specify such boundaries or numbers.
Where the subject-matter of the suit is immovable property, the plaint shall contain
(a) A description of the properly sufficient to identify it
(b) In case where the property can be identified by boundaries or numbers in a record of settlement or survey, the plaint shall specify such boundaries or numbers
(c) Both (a) and (b)
(d) None of the above
'Where the subject-matter of the suit is immovable 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 or survey, the plaint shall specify such boundaries or numbers.' This is contained under the provisions of........................... of the Code of Civil Procedure, 1908.
(a) Order VI1, Rule I
(b) Order II, Rule 2
(c) Order VII, Rule 3
(d) Order VII, Rule 4
RULE 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.
RULE 5 -- "DEFENDANT'S INTEREST AND LIABILITY TO BE SHOWN"
The plaint shall show that the defendant is or claims to be interested in subject-matter, and that he is liable to be called upon to answer the plaintiff's demand.
RULE 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:
Provided that the Court may permit the plaintiff to claim exemption from the law of limitation on any ground not set out in the plaint, if such ground is not inconsistent with the grounds set out in the plaint.
Rule 6 provides that where the suit is barred by limitation, it is necessary for the plaintiff to show the ground of exemption in the plaint. But the proviso added by the Amendment Act of 1976 empowers the court to permit the plaintiff to rely on a new ground for exemption if it is not inconsistent with the grounds mentioned in the plaint.
RULE 7--- "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 as if it had been asked for. And the same rule shall apply to any relief claimed by the defendant in his written statement.
It is not necessary to ask for general or other relief. [R. 7.] But the general relief is usually prayed for by the plaintiff in the plaint in the following terms: "The plaintiff prays for such further or other relief as the nature of the case may require."
RAJENDRA TIWARY V. BASUDEO PRASAD, (2002) 1 SCC 90 AT P. 94.
Strictly speaking, this type of prayer is not necessary since such relief may be granted by the court as if it has been asked for, provided it is not inconsistent with the specific claim raised in the pleadings.
As, for example, prayer for costs need not be added in the plaint since as a general rule costs follow the event, [S. 35] and the court is bound to decide the point.
Similarly, in a suit for possession and mesne profits, the court can grant future mesne profits even if they are not specifically asked for. [Gopalakrishna Pillai v. Meenakshi Ayal, AIR 1967 SC 155:1966 Supp SCR 128.]
Which of the following provisions under the Code of Civil Procedure, 1908, mandates that 'relief to be specifically stated'?
(a) Order 7. Rule 2
(b) Order 7, Rule 4
(c) Order 7. Rule 6
(d) Order 7, Rule 7
RULE 8 --- "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.
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 .................
(a) Separately alone
(b) Separately and distinctly
(c) Either separately or distinctly
(d) None of the above
Every plaint must state specifically the relief claimed by the plaintiff either simply or in the alternative. Where the relief is founded on separate and distinct grounds, they should be so stated. [Rr. 1(g), 7, 8]
Where the plaintiff is entitled to more than one relief in respect of the same cause of action, it is open to him to claim all or any of such reliefs. But if he omits, except with the leave of the court, to sue for any particular relief, he will not afterwards be allowed to sue for the relief so omitted. [Or. 2 R. 2(3)]
Where a question arises as to whether the plaintiff has asked for a particular relief in his plaint, the plaint must be read as a whole and the substance of the matter and not the form thereof should be considered.
BHAGWATI PRASAD V. CHANDRAMAUL [AIR 1966 SC 735: (1966) 2 SCR 286.]
In above case the Supreme Court explained the principle thus: "The general rule, no doubt, is that the relief should be founded on pleadings made by the parties.
But where the substantial matters relating to the title of both parties to the suit are touched, though indirectly or even obscurely, in the issues and evidence has been led about them, then the argument that a particular matter was not expressly taken in the pleadings would be purely formal and technical and cannot succeed in every case.
What the court has to consider in dealing with such an objection is: did the parties know that the matter in question was involved in the trial, and did they lead evidence about it?
If it appears that the parties did not know that the matter was in issue at the trial and one of them has had no opportunity to lead evidence in respect of it, that undoubtedly would be a different matter.
To allow one party to rely upon a matter in respect of which the other party did not lead evidence and has had no opportunity to lead evidence, would introduce considerations of prejudice, and in doing justice to one party, the court cannot do injustice to another."
The Suit cannot be dismissed merely on the ground that the plaintiff has claimed a larger relief than he is entitled to. But the lesser relief to which the plaintiff is entitled will be granted in his favour.
But the court cannot grant a larger relief to the plaintiff than that claimed by him even if he is entitled to it unless he gets his plaint amended with the leave of the court.
The court dismissed a suit on the ground that the plaintiff had claimed a larger relief than he is entitled. It is
(a) Legal
(b) Illegal
(c) Proper
(d) Justifiable
Can the court allow a larger relief to the plaintiff than that claimed by him if he is entitled to it without amending the plaint?
(a) Yes
(b) Generally, no
(c) Generally yes
(d) None of the above
Every plaint should contain the following particulars:
1. The name of the court in which the suit is brought; [R.1(a).]
2. The name, description and place of residence of the plaintiff; [R.1 (b).]
3. The name, description and place of residence of the defendant. [R.1 (c).]
4. Where the plaintiff or defendant is a minor or a person of unsound mind, a statement to that effect; [R.1 (d).]
5. The facts constituting the cause of action and when it arose; [R.1 (e)]
6. The facts showing that the court has jurisdiction; [R.1 (f)]
7 A statement of the value of the subject-matter of the suit for the purpose of jurisdiction and court fees; [R.1(i)]
8. The reliefs claimed by the plaintiff, simply or in the alternative; [R. 1(g) read with Rr. 7, 8.]
9. Where the plaintiff files a suit in a representative capacity, the facts showing that the plaintiff has an actual existing interest in the subject-matter and that he has taken steps that may be necessary to enable him to file such a suit; [R.4.]
10. Where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed or relinquished; [R.1 (h).]
11. Where the suit is for recovery of money, the precise amount claimed; [R.2.]
12. Where the suit is for accounts or mesne profits or for movables in the possession of the defendant or for debts which cannot be determined, the approximate amount or value thereof; [R.2.]
13. Where the subject-matter of the suit is immovable property a description of the property sufficient to identify it, e.g. boundaries, survey numbers, etc.; [R.3.]
14. The interest and liability of the defendant in the subject-matter of the suit; [R.5.]
15. Where the suit is time-barred, the ground upon which the exemption from the law of limitation is claimed. [R. 6. (The proviso, however, empowers the court to permit the plaintiff to rely on a new ground for exemption, if it is not inconsistent with the ground shown in the plaint.) See also supra, Or. 6 Rr. 2,3,4, 9,10,14,14-A & 15.]
The plaint shall contain
(a) Plaintiff's interest and liability
(b) Grounds of exemption from the imitation
(c) Precise amount of money claimed in money suits
(d) All of the above
RULE 9 --- PROCEDURE ON ADMITTING PLAINT.-
Where the Court orders that the summons be served on the defendants in the manner provided in Rule 9 of O.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.
Which of the following provisions under the Code of Civil Procedure, 1908, deals with the procedure on admitting plaint?
(a) Order 7, Rule 7
(b) Order 7, Rule 8
(c) Order 7, Rule 9
(d) Order 7, Rule 10
Where the court orders that the summons be served on the defendants, it will direct the plaintiff to present as many copies of the plaint within the time of from the date of such order.
(a) 7 days
(b) 10 days
(c) 12 days
(d) 14 days
Rule 9 lays down the procedure when the plaint is admitted by the court.
It provides for filing of copies of the plaint by the plaintiff and also requires him to pay requisite fees for the service of summons on the defendants within seven days.
RULE 10 "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 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.
Which of the following provisions under the Code of Civil Procedure, 1908, deals with return of plaint? (a) Order 7, Rule 7
(b) Order 7, Rule 8
(c) Order 7,.Rule 9
(d) Order 7, Rule 10
A court can return the plaint for presentation to the proper court
(a) At the time of presentation
(b) Before framing of issues
(c) Before the trial begins
(d) At any time
RETURN OF PLAINT: RULES 10-10A-10-B
Where at any stage of the suit, the court finds that it has no jurisdiction, either territorial or pecuniary or with regard to the subject-matter of the suit, it will return the plaint to be presented to the proper court in which the suit ought to have been filed. [R.10(1).]
A court can return the plaint, when the court has got
(a) No territorial jurisdiction
(b) No pecuniary jurisdiction
(c) No subject-matter jurisdiction
(d) Any of the above
RULE 10A "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.
Where intimation is given to the plaintiff regarding the return of plaint, 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.
(d) All of the above
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.
2. 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.
3. 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 10-A prescribes the procedure to be followed by a court before the plaint is ordered to be returned to be presented to the proper court. It is inserted to obviate the necessity of serving the summons on the defendants where the return of plaint is made after the appearance of the defendants in the suit.
RULE 10B "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.An appellate court can also return the plaint to be presented to the proper court. [R.10-B.] The judge returning the plaint should make endorsements on it regarding
i. the date of presentation;
ii. the date of return;
iii. the name of the party presenting it; and
iv. reasons for returning it. [R.10(2). But at the stage of consideration of return of plaint, the averments in the plaint alone should be looked into. Moreover, the plaint should be read in a meaningful manner and as a whole so as to find out the real intention behind the suit. When the plaint is filed in the proper court, after getting it back from the wrong court, it cannot be said to be a continuation of the suit and the suit must be deemed to commence when a plaint is filed in the proper court.The order returning the plaint is appealable. [Or. 43 R.1 (a)]
When the plaint is filed in the proper court after getting back from the wrong court suit is deemed commences
(a) From the presentation of the plaint in the wrong court
(b) From the presentation of the plaint in the proper court
(c) Depends
(d) None of the above
In case of return of plaint the limitation for presentation before the proper court starts from
(a) Date of order
(b) Date of return
(c) Date of presentation
(d) None of the above
The order returning the plaint is
(a) Appealable
(b) Not appealable
(c) Revisable
(d) None of the above