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Report No. 163

Order VII

Plaint

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9. Procedure on admitting plaint.- (1) The plaintiff shall endorse on the plaint, or annex thereto, a list of the documents (if any) which he has produces along with it; and, if the plaint is admitted, shall present, within such time as may be fixed by the Court or extended by it from time to time, as many copies on plain paper of the plaint as there are defendants, unless the Court by reason of the length of the plaint or the'number of the defendants, or for any other sufficient reason, permits him to present a like number of concise statements of the nature of the claim made, or of the relief claimed in the suit, in which case he shall present such statements.

(1A) The plaintiff shall, within the time fixed by the Court or extended by it under sub-rule (1), pay the requisite fee for the service of summons on the defendants.

(2) Where the plaintiff sues, or the defendant or any of the defendants is sued, in a representative capacity, such statements shall show in what capacity the plaintiff or defendant sues or is sued.

(3) The plaintiff may, by leave of the Court, amend such statements so as to make them correspond with the plaint.

(4)) The chief ministerial officer of the Court shall sign such list and copies or statements if, on examination, he finds them to be correct.

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Documents relied on in pliant

14. Production of document on which plaintiff sues.- (1) Where a plaintiff sues upon a document in his possession or power, he shall produce it in Court when the plaint is presented, and shall at the same time deliver the document or a copy thereof to be tiled with the plaint.

(2) List of other documents.-Where he relies on any other documents (whether in his possession or power or not) as evidence in support of his claim, he shall enter such documents in a list to be added or annexed to the plaint.

15. Statement in case of documents not in plaintiff's possession or power.- Where any such document is not in the possession or power of the plaintiff, he shall, if possible, state in whose possession or power it is.

18. Inadmissibility of document not produced when plaint filed.- (1) A document which ought to be produced in Court by the plaintiff when the plaint is presented, or to be entered in the list to be added or annexed to the plaint, and which is not produced or entered accordingly, shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit.

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




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