code of civil procedure

Page 85

(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. 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, 1[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.] 2 [2A. Where interest is sought in the suit, — (1) Where the plaintiff seeks interest, the plaint shall contain a statement to that effect along with the details set out under sub-rules (2) and (3). (2) Where the plaintiff seeks interest, the plaint shall state whether the plaintiff is seeking interest in relation to a commercial transaction within the meaning of section 34 of the Code of Civil Procedure, 1908 (5 of 1908) and, furthermore, if the plaintiff is doing so under the terms of a contract or under an Act, in which case the Act is to be specified in the plaint; or on some other basis and shall state the basis of that. (3) Pleadings shall also state— (a) the rate at which interest is claimed; (b) the date from which it is claimed; (c) the date to which it is calculated; (d) the total amount of interest claimed to the date of calculation; and (e) the daily rate at which interest accrues after that date.] 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. 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. 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. 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 : 3 [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.] 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. 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. 4 [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 Order V, it will direct the plaintiff to present as many copies of the plaint on

1. Subs. by Act 104 of 1976, s. 57, for certain words (w.e.f. 1-2-1977). 2. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Schedule (w.e.f. 23-10-2015) 3. The proviso added by s. 57, ibid. (w.e.f. 1-2-1977). 4. Subs. by Act 22 of 2002, s. 8, for rule 9 (w.e.f. 1-7-2002).

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Articles inside

Public charities

3min
page 92

Supplemental proceedings

3min
page 94

Exercise of powers of Advocate-General outside presidency-towns

3min
page 93

Public nuisances and other wrongful acts affecting the public

3min
page 91

When foreign States may sue

4min
page 84

Suits against foreign Rulers, Ambassadors and Envoys

3min
page 86

Settlement of disputes outside the Court

3min
page 89

When aliens may sue

3min
page 83

Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers

4min
page 85

Style of foreign Rulers as parties to suits 87A. Definitions of “foreign State” and “Ruler”.

3min
page 87

Power to state case for opinion of Court

3min
page 90

Where interpleader-suit may be instituted

4min
page 88

Execution of decree

3min
page 82

Exemption from arrest and personal appearance

3min
page 81

Letter of request

3min
page 77

Commission to another Court

2min
page 76

Commissions issued by foreign Courts

4min
page 78

Suits by or against Government

7min
pages 79-80

Power of Court to issue commissions

3min
page 75

Legal representative

43min
pages 50-74

Precepts

3min
page 46

Questions to be determined by the Court executing decree

9min
pages 47-49

Execution of decrees passed by Revenue Courts in places to which this Code does not extend 44A. Execution of decrees passed by Courts in reciprocating territory.

2min
page 44

Execution of decrees outside India

4min
page 45

Execution of decrees passed by Civil Courts in places to which this Code does not extend

3min
page 43

Powers of Court in executing transferred decree

3min
page 42

Transfer of decree to Court in another State

3min
page 40

Transfer of decree

3min
page 39

Court by which decree may be executed

3min
page 38

Definition of Court which passed a decree

3min
page 37

Application to orders

3min
page 36

Interest

2min
page 34

Costs

3min
page 35

Judgment and decree

3min
page 33

Penalty for default

3min
page 32

Summons to witness

3min
page 31

Power to order discovery and the like

3min
page 30

Institution of suits

3min
page 26

Service of foreign summonses

4min
page 29

Summons to defendants

3min
page 27

Power of Supreme Court to transfer suits, etc

3min
page 25

Service of summons where defendant resides in another State

3min
page 28

General power of transfer and withdrawal

3min
page 24

To what Court application lies

2min
page 23

Place of institution of suit where local limits of jurisdiction of Courts are uncertain

3min
page 18

Objections to jurisdiction 21A. Bar on suit to set aside decree on objection as to place of suing.

3min
page 21

Suits for immovable property situate within jurisdiction of different Courts

3min
page 17

Suits for compensation for wrongs to person or movables

3min
page 19

Power to transfer suits which may be instituted in more than one Court

3min
page 22

Other suits to be instituted where defendants reside or cause of action arises

3min
page 20

Suits to be instituted where subject-matter situate

3min
page 16

R e s j u d i c at a

6min
pages 11-12

Court in which suits to be instituted

3min
page 15

Application of the Code to Revenue Courts

1min
page 5

Courts to try all civil suits unless barred

3min
page 9

When foreign judgment not conclusive

3min
page 13

Pecuniary jurisdiction

1min
page 6

Stay of suit

3min
page 10

Presumption as to foreign judgments

3min
page 14
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