INSTITUTION OF SUITS
CHAPTER II
INSTITUTION OF SUITS
Presentation, Examination and Registration etc. of Plaints
7.
A plaint, along with a copy thereof for the purpose of drawing up of a decree at the relevant stage, may be presented at any time during the Court hours to the Clerk of the Court or to such officer as the Court appoints in this behalf under Order IV, rule 1,
Civil Procedure Code, or in the absence of such officer, to the Judge himself.
Immediately after it is presented, the date of presentation shall be endorsed thereon [and an acknowledgment thereof shall be given to the party or Advocate presenting it].
Note 1 If a plaint is presented beyond Court hours, it will be in the discretion of the
Judge to accept it or not.
Note 2 The officer receiving the plaint is forbidden to refuse to receive plaints, applications, etc., presented to him, on the ground that he is not able, at that time, to check them.
8.
The next step is the examination of the plaint in order to determine whether it should be
(a) admitted ; or
(b) rejected (Order VII, rule 11); or
(c) returned for presentation to the proper Court.
( Order Vii, rule 10); or after strictly following the procedure envisaged in new
Rule 10A, Order VII of Civil Procedure Code, as amended by Act, 104 of 1976.
(d) returned for amendment on the ground that it is not framed as required by law.
This examination should be particularly directed to ascertaining (i) Whether the forms provided in Appendix 'A' of the Code are followed as far as is reasonably possible (Order VI, rule 3); (ii) Whether names and addresses of parties are properly described in title; (iii) Whether the plaint is properly signed (Order VI, rule 14); (iv) Whether it is duly verified (Order VI, rule 15); (v) Whether it complies with the requirements of Order VII, rules 2, 4 and 6;
(vi) Whether it is properly valued and stamped ; (vii) Whether a
INSTITUTION OF SUITS
Presentation, Examination and Registration etc. of Plaints
7.
A plaint, along with a copy thereof for the purpose of drawing up of a decree at the relevant stage, may be presented at any time during the Court hours to the Clerk of the Court or to such officer as the Court appoints in this behalf under Order IV, rule 1,
Civil Procedure Code, or in the absence of such officer, to the Judge himself.
Immediately after it is presented, the date of presentation shall be endorsed thereon [and an acknowledgment thereof shall be given to the party or Advocate presenting it].
Note 1 If a plaint is presented beyond Court hours, it will be in the discretion of the
Judge to accept it or not.
Note 2 The officer receiving the plaint is forbidden to refuse to receive plaints, applications, etc., presented to him, on the ground that he is not able, at that time, to check them.
8.
The next step is the examination of the plaint in order to determine whether it should be
(a) admitted ; or
(b) rejected (Order VII, rule 11); or
(c) returned for presentation to the proper Court.
( Order Vii, rule 10); or after strictly following the procedure envisaged in new
Rule 10A, Order VII of Civil Procedure Code, as amended by Act, 104 of 1976.
(d) returned for amendment on the ground that it is not framed as required by law.
This examination should be particularly directed to ascertaining (i) Whether the forms provided in Appendix 'A' of the Code are followed as far as is reasonably possible (Order VI, rule 3); (ii) Whether names and addresses of parties are properly described in title; (iii) Whether the plaint is properly signed (Order VI, rule 14); (iv) Whether it is duly verified (Order VI, rule 15); (v) Whether it complies with the requirements of Order VII, rules 2, 4 and 6;
(vi) Whether it is properly valued and stamped ; (vii) Whether a