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Report No. 163

Q.13. Order 7, rule 9 (Procedure on admission of plaint): Clause 17(i) of the Bill

Under Order 7, rule 9, the plaintiff is to endorse on the plaint, etc. a list of documents and (on the plaint being admitted), he shall furnish the necessary number of copies of the plaint or (if so permitted) concise statement of the plaint. The Bill seeks to revise this rule, on the following points:

(i) On admission of the plaint, the court shall give to the plaintiff the summons, to he served as per Order 5 (as proposed to be amended). [See under Q.9, supra.].

(ii) The plaintiff shall forward the summons to the defendant within two days.

(iii) Where (under Order 9, rule 9A as proposed), the summons is to be given to the court (i.e. its proper officer), the court will direct the plaintiff to file the necessary number of copies (and service fees) within 2 days. Have you any comments in this regard?



The Code of Civil Procedure (Amendment) Bill, 1997 Back




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