CPC HOME WORK 4

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;
(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.
Analysis:
All the ingredients which are to be mentioned in the plaint are already given in the provision
itself and further the plaint which is filed under the order VII shall be read with the section 26
of CPC. The plaint shall include all the above mentioned particulars.
Order 7 rule 11
Order 7 Rule 11 of CPC, discusses Rejection of Plaint. CPC, 1907 contains a provision in
Order 7 Rule 11 of the code that whenever a plaint is filed in any civil court for any
claim/compensation to be recovered from the opposite party it can be rejected by fulfilling
the following conditions mentioned below.

Rejection of plaint — The plaint shall be rejected in the following cases

(a) Where it does not disclose a cause of action – If the plaintiff does not discloses facts that
give the plaintiff right to seek relief against defendant, the facts that are necessary to prove
the damage caused to plaintiff. Case law on this provision – S.M.P. Shipping Services Pvt.
Ltd. V. World Tanker Carrier Corporation; AIR 2000 Bom 34.

(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 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 – If the plaint is
insufficient stamp under court fees act and the plaintiff fails to supply the plaint with correct
stamp value.

(d) Where the suit appears from the statement in the plaint to be barred by any law; Example
when the plaint filed looks like to be barred by any statue and gives no right to plaintiff to file
the suit and liable to rejected if the court accepts the plaint is barred by law.

(e) Where it is not filed in duplicate – In any suit a duplicate copy of the plaint has to be filed
and when a duplicate copy of plaint is not filed it is liable to be dismissed.

(f) Where the plaintiff fails to comply with provisions of rule 9 – Where the plaintiff fails to
comply with the order 7 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 form
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.

LOKESH SAI KADIYALA

18LLB051
Vth SEMESTER
SECTION A