Text of ORDER 7, RULE 1-26

ORDER VII PLAINT

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;
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.

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, the plaint shall state approximately the amount sued for.

Rule 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.

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 the 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.

Rule 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.

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.

Rule 9. Procedure of admitting plaint

(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.
(1A) The plaintiff shall present with his plaint:
a) As many copies on plain paper of the plaint as there are defendants, plus two extra copies, 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; and
b) Draft forms of summons and fees for the service thereof.

1. Concise statements
   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.
2. The plaintiff may, by leave of the Court, amend such statements so as to make them correspond with the plaint.
3. 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. 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.

Rule 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;
d) Where the suit appears from the statement in the plaint to be barred by any law.

Rule 12. Procedure on rejecting plaint

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

Rule 13. Where rejection of plaint does not preclude presentation of fresh plaint

The rejection of the plaint on any of the grounds hereinbefore mentioned shall not of its own force preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action.

Rule 14. Production of document on which plaintiff sues

(1) Where a plaintiff sues upon a document in his possession or power, he shall produce it in Court when the plaint is presented, and shall at the same time deliver the document or a copy thereof to be filed with the plaint.
(2) List of other documents: Where he 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 15. Statement in case of documents not in plaintiff's possession or power

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 16. Suits on lost negotiable instruments

Where the suit is founded upon a negotiable instrument, and it is proved that the instrument is lost, and an indemnity is given by the plaintiff, to the satisfaction of the Court, against the claims of any other person upon such instrument, the Court may pass such decree as it would have passed if the plaintiff had produced the instrument in Court when the plaint was presented, and had at the same time delivered a copy of the instrument to be filed with the plaint.

Rule 17. Production of shop-book

(1) Save in so far as is otherwise provided by the Bankers' Books Evidence Act, 1891, where the document on which the plaintiff sues is an entry in a shop-book or other account, in his possession or power, the plaintiff shall produce the book or account at the time of filing the plaint, together with a copy of the entry on which he relies.
(2) Original entry to be marked and returned: The Court, or such officer as it appoints in this behalf, shall forthwith mark the document for the purpose of identification; and, after examining and comparing the copy with the original, shall, if it is found correct, certify it to be so and return the book to the plaintiff and cause the copy to be filed.

Rule 18. Inadmissibility of document not produced when plaint filed

(1) 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 on his behalf at the hearing of the suit.
(2) Nothing in this rule applies to documents produced for cross-examination of the defendant's witnesses, or in answer to any case set up by the defendant or handed to a witness merely to refresh his memory.

Rule 19. Address to be filed with plaint

(1) Every plaint or original petition shall be accompanied by a proceeding giving an address at which service of notice, summons, or other process may be made on the plaintiff or petitioner.
(2) Plaintiffs or petitioners subsequently added shall immediately on being so added file a proceeding of this nature.
(3) The address filed under this rule shall be entered in the Register of suits maintained under Order IV, rule 2.

Rule 20. Nature of address to be filed

An address for service filed under the preceding rule shall be within the local limits of the District Court within which the suit or petition is filed, or of the District Court within which the party ordinarily resides.

Rule 21. Consequences of failure to file address

Where a plaintiff or petitioner fails to file an address for service, the court may direct him to file such address, and if he fails to do so after giving him an opportunity, he shall be liable to have his suit dismissed or his petition rejected by the Court suo moto or any party may apply for an order to that effect, and the Court may make such order as it thinks just.

Rule 22. Procedure when party not found at the place of address

(1) Where a party is not found at the address given by him for service and no agent or adult male member of his family on whom a notice, summons, or other process can be served is present, a copy of the notice, summons, or other process shall be fixed to the outer door of the house.
(2) If, on the date fixed, such party is not present, another date shall be fixed and a copy of the notice, summons, or other process shall be sent to the said address by registered post, and such service shall be deemed to be as effectual as if the notice, summons, or other process had been personally served.

Rule 23. Service on pleader

Where a party engages a pleader, notices, summons, or other processes for service on him shall be served in the manner prescribed by Order III, rule 5, unless the Court directs service at the address for service given by the party.

Rule 24. Change of address

A party who desires to change the address for service given by him as aforesaid shall file a verified petition, and the Court may direct the amendment of the record accordingly. Notice of such petition shall be given to such other parties to the suit as the Court may deem it necessary to inform, and may be either served upon the pleaders for such parties or be sent to them by registered post, as the Court thinks fit.

Rule 25. Service by other modes

Nothing in these rules shall prevent the Court from directing the service of a notice, summons, or other process in any other manner, if, for any reasons, it thinks fit to do so.

Rule 26. List of legal representatives of Plaintiff

(1) In every suit of the nature referred to in rule 3, Order XXII, the plaint shall be accompanied by a statement giving:
(a) The names and addresses of the persons whom, in the event of the death of the plaintiff, may be made a party as his legal representatives;
(b) The name and address of the person who, in the event of the death of the plaintiff, shall intimate such fact to the Court, furnish the Court with the names, particulars, and addresses of the legal representatives of the plaintiff, and make an application for the legal representatives to be made a party.
(2) A plaintiff may at any time:
(a) File in the Court an amended list of his presumptive legal representatives;
(b) Nominate another person, in the place of the person nominated under clause (b) of sub-rule (1), for the purposes of that clause.
(3) A nomination made under clause (b) of sub-rule (1) shall, unless varied under clause (b) of sub-rule (2), remain in force throughout the pendency of the suit and any proceedings arising therefrom, including appeal, revision, and review.