CPC HOMEWORK NUMBER 4:

ORDER 7 RULE 1 OF CPC

Particulars to be contained in plaint, In money suits, Where the subject-matter of the suit is
immovable property, When plaintiff sues as representative, Defendants interest and liability to be
shown and Grounds of exemption from limitation law are defined under Rule 1, 2, 3, 4, 5 and 6
of Order VII of Code of Civil Procedure 1908. Provisions under these Rules are:

Rule 1 Order VII of Code of Civil Procedure 1908 "Particulars to be contained in plaint"

The plaint shall contain the following particulars: -

 the name of the Court in which the suit is brought;

 the name, description and place of residence of the plaintiff;

 the name, description and place of residence of the defendant, so far as they can be
ascertained;

 where the plaintiff or the defendant is a minor or a person of unsound mind, a statement
to that effect;

 the facts constituting the cause of action and when it arose;

 the facts showing that the Court has jurisdiction;

 the relief which the plaintiff claims;

 where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount
so allowed or relinquished; and

 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.

ANALYSIS

The plaint is filed for the institution of the suit in the Civil/Commercial Courts. A court dealing
with civil matters will be governed by the provisions of the Code. Order VII of the Code of Civil
Procedure is envisaged with the provisions of the rejection of the plaint by the Court. This rule is
merely a procedural rule which ensures nothing but the proper application of the Court Fees Act
1870.

GROUND FOR REJECTION OF A PLAINT

Order VII Rule 11 of the Code of Civil Procedure elaborates on the rejection of plaints in certain
circumstances. It has mentioned certain grounds on the basis of which the plaints are rejected by
the courts. One of them is not mentioning the cause of action that the plaintiff seeks against the
respondent. It is necessary to decide the application of rejection of the plaint under Order VII.
The defendant cannot be asked to file a written statement without deciding on such an
application if there is any.

It is the duty of the Court to examine the plaint thoroughly and decide whether the plaint should
be admitted or sent back for making amends to it. However, the plaint is bound to be rejected by
the Court in the following circumstances –

(a) where it does not disclose a cause of action;

(b) The relief claimed in the plaint is undervalued (Order VII Rule 11(b)): As per Order VII Rule
11(b), if the amount of compensation that is being demanded by the plaintiff is lesser than the
requisite, the plaint can be rejected. Such a claim needs to be corrected within the time which is
prescribed by the Court. Such rejection amounts to dismissing of the suit. A fresh plaint may be
presented under Order 7 Rule 13 of the Code.

(c) Relief has been stated in the plaint clearly but the paper on which the plaint is written is not
properly stamped (Order VII Rule 11(c)) :As per Order VII Rule 11(c), a plaint is rejected by the
Court if it has been written on a paper which has not been duly stamped and authorized. If the
person is not able to make up for the deficiency, he can apply as a pauper as to continue the suit.
Order under this rule for rejecting a plaint must only be given after the plaintiff has been given
reasonable time to amend the situation.

(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 sub-rule (2) 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 for 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.

Relief under CPC

Relief also has to be specifically stated in the plaint. Rule 7 of Order VII of the Code of Civil
Procedure requires that a plaint needs to contain the relief that the plaintiff claims. It can be
anything i.e. damages, an injunction, declaration, appointment of a receiver, etc. If a plaintiff
except when allowed by the Court omits any relief to which he is entitled to sue, he will not be
granted such relief afterwards. Sometimes, the Court grants relief on a different ground than
stated in the plaint. The relief claimed by the plaintiff or the defendant may be a general relief or
an alternative relief.

NAME OF THE STUDENT: P. RAJ KUMAR

ROLL NUMBER: 18LLB068