📘 CIVIL PROCEDURE CODE : ORDER VI – VII

Preparation for RJS, DJS, PCS (J) and other Judicial Service exams

⚖️ CIVIL PROCEDURE CODE EXPLAINED

The Civil Procedure Code forms the bedrock of any and every Judicial Service exam in the country. Its thorough knowledge is a must for all aspirants of RJS, DJS, PCS (J) and every other Judicial Service exam. To help such aspirants DELHI LAW ACADEMY JAIPUR has launched a series of study material modules on all important aspects of this vital part of their syllabus:

📝 ORDER VI – PLEADINGS GENERALLY

The Law of Amendment of Pleadings:

📌 CASE STUDY:

Case 5: A.K. Gupta & Sons v. Damodar Valley Corpn. [1967 SC]

• “The general rule, no doubt, is that a party is not allowed by amendment to set up a new case or a new cause of action particularly when a suit on new case or cause of action is barred.
• But it is also well recognised that where the amendment does not constitute the addition of a new cause of action or raise a different case, but amounts to no more than a different or additional approach to the same facts, the amendment will be allowed even after the expiry of the statutory period of limitation.

Case 6: Ganesh Trading Co. v. Moji Ram [1978 SC]

• Provisions for amendment of pleadings, subject to such terms as to costs are intended for promoting the ends of justice and not for defeating them.
• Even if a party or its counsel is inefficient in setting out its case initially the shortcoming can certainly be removed generally by appropriate steps taken by a party which must no doubt pay costs for the inconvenience or expense caused to the other side from its omissions.
• The error is not incapable of being rectified so long as remedial steps do not unjustifiably injure rights accrued.

📄 ORDER VII – PLAINT

Particulars to be contained in plaint

Rule 1

A plaint shall contain the following particulars:

• Name of Court in which suit is brought
• Name, description and place of residence of plaintiff
• Name, description and place of residence of defendant, so far as they can be ascertained
• Where plaintiff or defendant is a minor or a person of unsound mind, a statement to that effect
• Facts constituting the cause of action and when it arose
• Facts showing that the Court has jurisdiction
• Relief which the plaintiff claims
• Where plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed or relinquished and
• A statement of value of subject-matter of suit, for purposes of jurisdiction and of court fees

Defendant’s interest and liability to be shown

Rule 5

• The plaint shall show that
• the defendant is or claims to be interested in the subject matter and
• that he is liable to be called upon to answer the plaintiff’s demand

Grounds of exemption from limitation law

Rule 6

• Where the suit is instituted after expiration of the period prescribed by the law of limitation
• the plaint shall show the ground upon which exemption from such law is claimed:

Proviso

• Court may permit the plaintiff
• to claim exemption from the law of limitation on any ground not set out in the plaint
• if such ground is not inconsistent with the grounds set out in the plaint

Relief to be specifically stated

Rule 7

• Every plaint shall state specifically the relief which the plaintiff claims
• either simply or in the alternative
• It shall not be necessary to ask for general or other relief
• which may always be given as the court may think just to the same extent as if it had been asked for
• The same rule shall apply to any relief claimed by the defendant in his written statement

Procedure on admitting plaint

Rule 9

• Where Court orders that summons be served on defendants as per rule 9 of Order V
• it will direct the plaintiff to present
• as many copies of the plaint on plain paper as there are defendants
• along with requisite fee for service of summons on the defendants
• within seven days from the date of such order

❌ REJECTION OF PLAINT

Rule 11

Plaint shall be rejected in following cases:

• (a) where it does not disclose a cause of action
• (b) where relief claimed is undervalued and plaintiff, on being required by Court to correct the valuation within time fixed by Court, fails to do so
• (c) where relief claimed is properly valued but plaint is returned upon paper insufficiently stamped and plaintiff, on being required by Court to supply the requisite stamp-paper within time fixed by Court, fails to do so
• (d) where the suit appears from the statement in plaint to be barred by any law
• (e) where it is not filed in duplicate
• (f) where plaintiff fails to comply with provisions of Rule 9

• Time fixed by Court for correction of valuation or supplying requisite stamp-paper shall not be extended
• unless Court is satisfied that plaintiff was prevented by a cause of an exceptional nature and refusal to extend such time would cause grave injustice to the plaintiff

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❓ Frequently Asked Questions – CPC Order VI & VII