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Report No. 163

17. Amendment of Order VII.- In the First Schedule, in Order VII:-

(i) for rule 9, the following rule shall be substituted, namely:-

"9. Procedure on admitting plaint.-(1) Where the plaint is admitted, the court shall give to the plaintiff summons in the name of all the defendants to be served upon or get served in the manner provided under Order V.

(2) Within two days of the receipt of summons under sub-rule (1), the plaintiff shall send or cause to send the summons to the defendants alongwith the copy of the plaint in the manner provided under Order V.

(3) Where the court orders that the summons be served on the defendants in the manner provided in rule 9A of Order V, it will direct the plaintiff to present as many copies of the plaint on plain paper as there are defendants within two days from the date of such order alongwith requisite fee for service of summons on the defendants.".

(ii) in rule 11, after sub-clause (d), the following sub-clauses shall be inserted, namely:-

"(e) where it is not filed in duplicate;

(f) where the plaintiff fails to comply sub-rule (2) of rule 9;

(g) where the plaintiff fails to comply sub-rule (3), of rule 9A.".

(iii) for rule 14, the following rule shall be substituted, namely:-

"14. Production of document on which plaintiff sues or relies.-(1) Where a plaintiff sues upon a document or relies upon document in his possession or power in support of his claim, he shall enter such documents in a list, and shall produce it in court when the plaint is presented by him and shall, at the same time deliver the document and a copy thereof, to be filed with the plaint.

(2) Where any such document is not in the possession or power of the plaintiff, he shall, wherever possible, state in whose possession or power it is.

(3) Where a document or a copy thereof is not filed with the plaint under this rule, it shall not be allowed to be received in evidence on behalf of the plaintiff at the hearing of the suit.

(4) Nothing in this rule shall apply to document produced for the cross examination of the plaintiffs witnesses, or, handed over to a witness merely to refresh his memory.";

(iv) rule 15 shall be omitted.

(v) in rule 18, in sub-rule (1), the words "without the leave of the court" shall be omitted.



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




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