PLAINT: ORDER VII

Introduction
The term Plaint has not been defined in the Code. However, it can be defined as a statement
of claim by presentation of which the suit is instituted. It is pleading of the plaintiff. Order
VII lays down rules relating to plaint. Rules 1-8 of Order VII deals with particular required in
a plaint.

Meaning: Plaint means a statement in writing of a cause of action in which the relief is
claimed is set out in detail or a document by presentation of which a suit is to be instituted.
Thus, plaint is a pleading that contains all such contents as are provided under this rule, as a
frame of such plaint. However, substantially a plaint is the expression of the cause of action
of the party presenting it and the relief he claims. Rule 1 of Order VII contents that a plaint
must contain certain particulars required to be stated in the plaint:

1. Name of the court (For e.g. in the Matter of Civil Judge Junior Division) in which the
matter is to be tried [Rule 1(a)],
2. The name, description and place of residence of plaintiff [Rule 1(b)],
3. The name, description and place of residence of defendant [Rule 1(c)],
4. The fact of any of the party being a minor [Rule 1(d)],
5. The cause of action (Pleadings) [Rule 1(e)],
6. Facts showing that the court has jurisdiction [Rule 1(f)],
7. Relief claimed by the Plaintiff, simply or in alternative [Rule 1(g), 7 & 8],
8. Where the Plaintiff has allowed set-off or relinquished a portion of his claim, the
amount so relinquished [Rule 1(h)],
9. The valuation of the suit [Rule 1(i)],
10. Where the suit is for recovery of money, precise amount claimed [Rule2],
11. Where the subject matter is an immovable property, a description of the property
sufficient to identify the same [Rule 3],
12. If the suit is filed in representative capacity, the fact showing that the plaintiff has an
actual existing interest in the subject matter and he has taken steps that may be
necessary to enable him to file such a suit [Rule 4].

Money suits: Order VII Rule 2- In a money suits, as a general rule, where the plaintiff
seeks for recovery of specific amount, the precise amount must be stated in the plaint. For
e.g. the amount claimed must not be any uncertain numbers i.e. approx Rs. 10,000, etc. The

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exact amount must be stated. However, when the plaintiff sues for mesne profits or for
unsettled accounts or for movables where the value cannot be estimated by due diligence, the
approximate amount may be claimed in the plaint.

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 plaintiffs claimed.

Rule 6: Ground of exemption from limitation law- If the plaint is filed after the limitation
period as provided for its institution, has expired, the plaint must also show the grounds upon
which an exemption, if any, is claimed by the plaintiff. The court may grant exemption on
such grounds if it thinks fit. However, the court is also free to grant such exemption on any
other ground not mentioned in the plaint but raised by the plaintiff, if such ground raised does
not destroy the ground in the plaint.

Rule 7: Relief to be specifically stated- This Rule provides for the manner in which the
relief i.e. prayer may be stated by the plaintiff. It says that the plaintiff must state in a plaint a
relief, either simply or in alternative, General relief or any relief that the court may grant on
its own discretion may not be specifically asked for.

Rule 8: Relief founded on separate grounds- then different cause of action.

Rule 9: Procedure on admitting Plaint- This rule provides that in the event of the court
issuing summons to the defendant, the plaintiff will be directed to present as many copies of
the plaint as there are defendants, in the court, within 7 days of the order issuing summons.
The plaintiff must also furnish the fees for issuing such summons. Rule 11(f) further states
that the plaint shall be liable to be rejected when the compliance of provision of Rule 9 is not
done.

Rule 10: Return of Plaint- Order VII Rule 10-10 B deal with the return of plaint. According
to Rule 10, where at any stage of the suit the court finds that the court has no jurisdiction
whether territorial or pecuniary or as to the subject matter, it shall return the plaint to be
presented in the proper court in which the suit ought to have been instituted.

The court shall intimate its decision to the plaintiff before returning the plaint when
defendant has appeared and the court of Appeal or Revision has the power to return the plaint
under this rule after setting aside the decree.

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 The Judge shall, on returning the plaint, endorse the date of presentation and return
and also the name of party presenting it and brief reasons of return.

The endorsement under Sub-Rule 2 shall be subject to Section 14 of the Limitation

Rule 10 A: Power of court to fix a date of appearance in the court where plaint is to be
filed after its return- The Court under this rule has some powers for exercising procedural
formalities in the cases provided in this rule. For e.g. in the event, the defendant appears, the
court is under the duty to intimate to the plaintiff its decision before returning the plaint.

And when the plaintiff if so intimated, he may apply to the court to ask for the proper forum
in which the suit must be filed and also to fix the date of appearance in that court and to give
notice of such date to the defendant.

Although the plaintiff is allowed to appeal against the order of return, but in case the
application as mentioned above is filed such appeal is barred.

Rule 10 B: Power of appellate court to transfer of suit to the proper Court- In the event
of filing an appeal against the order of return, if the Appellate Court confirms such order, it
may direct the plaintiff to file the plaint in the proper court, subject to limitation and may also
fix a date of appearance before such court (the court to which it is sent need not issue fresh
summons unless required).

Appeal against Order passed under Rule 10: An order passed by the court returning the
plaint under Order VII Rule 10 is appealable according to Order 43 Rule 1(a) of the Code. If
the order is confirmed in appeal, then Order 7 Rule 10B allow the court of appeal, upon
application of plaintiffs, to direct the plaintiff to file the plaint in proper court, fix a date for
appearance and notify the parties accordingly. However the claim of the plaintiff should not
be barred by limitation.

In ONGC v. Modern Construction Co. (2014) 1 SCC 648, the Supreme Court held that when
a plaint is filed in the proper court after getting returned from the wrong court, it cannot be
said to be said to be a continuation of the suit. The suit must deemed to commence when the
plaint is filed in the proper court.

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Rule 11: Rejection of Plaint- This rule provides for the power of the court, in which the
court may rightfully reject a plaint due to the defects provided herein. The defects provided in
the provision are:

a) Non-disclosure of cause of action- If the plaint does not disclose any cause of action,
the court will reject it. The court must come to the conclusion that even if the
allegations set out in the plaint are proved, the plaintiff would not be entitled to relief.
The Supreme Court in Roop Lal Sathi v. Nachhattter Singh Gill, AIR 1982 SC
1559, held that a part of the plaint cannot be rejected and if no cause of action is
disclosed the plaint should be rejected as a whole.
b) Undervaluation of the relief claimed and failure to correct after direction.
c) Insufficiency of stamp paper and if it is not corrected within given time. It must be
noted here that under Rule 11(b) and (c) there is no automatic rejection of plaint. If
the court comes to a conclusion that relief claim is undervalued or plaint is
insufficiently stamped then the court is required to give sufficient time to the plaintiff
to correct the valuation and deposit the requisite court fee. If upon giving sufficient
time the plaintiff fails to correct the same then the power under these rules is to be
exercised.
d) Suit is barred by any law including law of limitation. But if question of limitation is
connected with the merits of the case, it will be decided with other issues
e) It is not filed in duplicate. It means that the plaint has to be filed in duplicate
otherwise it will be rejected. Even Order IV Rule 1 clearly indicates that for
institution of suits the plaint has to be filed in duplicate.
f) Plaintiff fails to present requisite copies of the plaint with summons as required by
Rule 9. It means the plaintiff is under obligation to present copies of plaint for ach
defendants and requisite fees for summons within 7 days.

The court on these grounds does not prima facie reject the plaint, it provides for the time to
the plaintiff to cure such defects and still if the defects are not removed, the court shall
proceed with such rejection.

This rejection can be done at any stage before the conclusion of trial, and the ground on
which it should be rejected must be considered by the simple reading of the plaint only and
not on the basis of allegations made by the defendant in his written statement and not also on
the basis of application for rejection.

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The grounds provided in the rule are not exhaustive i.e. the court may always evolve certain
other defects in the plaint that may lead to its rejection. For e.g. the non-service of notice
under Section 80 of CPC and the plaint being instituted in one such defect. The Supreme
Court in Mayar H.K. Ltd. v. Owner and Parties, Vessel M.V. Fortune Express, AIR 2006
SC 1828 held that grounds of rejection of plaint specified in Rule 11 are not exhaustive. A
plaint can be rejected on other relative grounds also. Where the plaint is found to be
vexatious or meritless, not disclosing a clear right to sue, the court may reject the plaint.

Part rejection of Plaint: The Supreme Court in Madhav Prasad Aggarwal v. Axis Bank,
(2019) 7 SCC 158 held that plaint can either be rejected as a whole or not at all. It is not
permissible to reject plaint qua any particular portion of a plaint including against some of the
defendant(s) and continue the same against the others.

The proviso further provides that when the time is fixed by the court for removal of defects
under clause (b) or (c) has expired, further time shall not be extended unless the court is
satisfied that plaintiff was prevented by any cause of exceptional nature.

An order of rejection of plaint is a deemed decree, as provided under Section 2(2) of CPC,
1908.

In R.K. Roja v. U.S.Rayadu & Anr. (2016) 14 SCC 275, the Hon’ble Supreme Court held
that “The application under Order VII Rule 11 may be filed at any stage but once the
application is filed the court has to dispose of the same before proceeding with the trial”.

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
rule provides for the consequence or a remedy for the order of rejection, wherein the plaintiff
is allowed to institute a fresh plaint in respect of the same cause of action in the proper court
subject to limitation. Therefore, although being a decree, Res-Judicata does not apply on such
orders. Thus the rejection of plaint being a deemed decree, the plaintiff has two remedies in
case of rejection of plaint which are as follows

a) It is a decree and thus appealable under Order 41.

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Rule 14: Production of documents on which plaintiff sues or relies- This rule provides for
certain requirements as to the documents to be a appended along with the plaint by the
plaintiff which are in his possession and for the support of his claim and other related
provisions.

Rule 16: Suits on lost negotiable instruments- This rule talks about a situation when the
suit based upon a negotiable instrument which is not found i.e. has been lost, and on which an
indemnity exists, the court may pass a decree as if the instrument is produced before the
court.

Rule 17: Production of shop book- (1) Save in so far as is otherwise provided by the
Bankers’ Books Evidence Act, 1891 (18 of 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.