Planit Rule : Order VII of the Code of Civil Procedure: Plaints and their requirements

Order VII of the Code of Civil Procedure (CPC) lays down the rules governing the drafting, filing, and processing of plaints, which are the foundation documents initiating civil lawsuits in India.

1. Plaint Contents:

Rule 1 of Order VII specifies the essential particulars that a plaint must contain:

Court details: The name of the court where the suit is filed.
Party details: The names, descriptions, and place of residence of both the plaintiff and the defendant.
Minor status: Whether any party is a minor.
Cause of action: A clear and concise statement of the legal basis for the lawsuit.
Jurisdiction: Facts demonstrating the court's jurisdiction over the matter.
Relief sought: A specific and precise description of the desired outcome, including any monetary claims.
Set-off or relinquishment: If applicable, details of any claims relinquished or set off by the plaintiff.
Valuation of the suit: An estimate of the monetary value of the dispute.
Description of property: If the suit involves immovable property, a detailed description for identification.
Representative capacity: If the plaintiff sues in a representative capacity, facts justifying their authority to do so.

2. Additional Rules:

Rule 2: For money suits, the exact amount claimed must be specified, except in specific cases like mesne profits or unsettled accounts.
Rule 3: Subject matter relating to an immovable property
Rule 4: Representation capacity, the facts showing plaintiff has actual interest in the suit.
Rule 5: The plaint must show that the defendant has an interest in the subject matter and is liable to be called upon to answer the claims.
Rule 6: If the plaint is filed after the limitation period, it must specify the grounds for exemption from limitation, if any.
Rule 7: Relief must be stated specifically and not vaguely or as a general request.
Rule 8: If relief is sought on separate grounds, they must be treated as separate causes of action.
Rule 9: Upon issuing summons, the court may direct the plaintiff to provide copies of the plaint for each defendant and pay relevant fees.
Rule 10: The court may return the plaint if it finds it has no jurisdiction or if it is not properly filed.
Rule 11: The court may reject a plaint if it suffers from defects like non-disclosure of cause of action, undervaluation, insufficient stamp paper, being barred by limitation, not being filed in duplicate, or failure to provide copies for summons.
Rule 12: An order rejecting a plaint must be recorded with reasons.
Rule 13: Rejection of a plaint does not preclude the plaintiff from filing a fresh suit subject to limitation.
Rule 14: The plaintiff must produce documents on which they sue or rely upon.
Rule 16: Suits on lost negotiable instruments may proceed if indemnity is provided.
Rule 17: Where the suit relies on entries in a shop book or account, the original book and a copy of the entry must be produced.

3. Significance of Order VII:

Order VII plays a crucial role in ensuring clarity, fairness, and efficiency in the civil litigation process. By outlining the requirements for plaints, it helps to:

Ensure complete and accurate information: The detailed requirements ensure that the defendant is fully aware of the nature of the claims against them.
Reduce potential errors and delays: Addressing procedural issues early on avoids unnecessary delays and technical dismissals.
Facilitate clear legal arguments: A well-drafted plaint sets the stage for effective legal arguments and a fair trial.

4. Conclusion:

Understanding and complying with the rules outlined in Order VII is essential for both legal professionals and parties involved in civil lawsuits. By adhering to these requirements, litigants can ensure their cases are presented effectively and increase their chances of obtaining a favorable outcome.