1. Suit to be commenced by plaint.- (1) Every suit shall be instituted by presenting a plaint in duplicate to the court or such officer as it appoints in this behalf. (2) Every plaint shall comply with the rules contained in Orders VI and VII, so far as they are applicable.
(3) The plaint shall not be deemed to be duly instituted unless it complies with the requirements specified in sub-rules (1) and (2). HIGH COURT AMENDMENT ALLABABAD.- (a) For sub-rule (1) substitute the following:— ‘1. (1) Every suit shall be instituted by presenting to the Court or such officer as it appoints in this behalf, a plaint, to gather with a true copy for service with the summons upon each defendant, unless the Court for good cause shown allows time for filing such copies. (2) The Court fee chargeable for such service shall be paid in the case of Suits when the plaint is filed and in the case of all other proceedings when the process is applied for.” (b) Renumber the present sub-rule (2) as sub-rule (3). (w.e.f. 24.7.1926). BOMBAY—Substitute the following as Rule 1 for the existing Rule 1 of Order IV and marginal note: “1. Suit to be commenced by a plaint.—(1) (a) Every suit shall be instituted by presenting a plaint to the Court or such Officer as it appoints in this behalf. (b) The plaintiff shall, except in the Bombay City Civil Court, file as many true copies on plain paper of the plaint with annexure as there are defendants, for service with the summons upon the defendants, unless the court by reason of the length of the plaint or the number of 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 statement. Such copies or statements shall be filed along with the plaint unless the Court, for good cause shown, allows time for filing such copies or statements. (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 the 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 fee, chargeable for service of the summons upon the defendants, shall be paid when the plaint is filed or within such time as may be extended by the Court. (5) Every plaint shall comply with the rules contained in Orders VI and VII so far as they are applicable.” (1. 10. 1983)
MADHYA PRADESH.—(a) Substitute the following for Rule 1(1)
“1. (1) Every suit shall be instituted by presenting to the Court or such officer as it appoints in this behalf a plaint, together with as many true copies on plain paper of the plaint as there are defendants, for service with the summons upon each defendant, unless the Court, for good cause shown, allows time for filing such copies.” (b) Add the following as sub-rule (2) to Rule 1 and renumber the present sub-rule (2) as sub-rule (3): “(2) The Court fee chargeable for such service shall be paid in the case of suits when the plaint is filed, and in the case of all other proceedings when the process is applied for.” (29.6.1943). PUNJAB AND HARYANA.- Sub-rule (2)of rule 1 of Order IV as inserted on 11.4.1975 deleted and sub-rule (3) re-numbered as sub-rule (2) (28.1.1983). RAJASTHAN.- Substitute Rule 1(1) as in Madhya Pradesh. (21 .7.1954).
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