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Bare acts > Code of Civil Procedure, 1908 > Order 7 Rule 1
 
  


 

1. Particulars to be contained in plaint.- The plaint shall contain the following particulars:—

(a) the name of the court in which the Suit is brought;

(b) the name, description and place of residence of the plaintiff;

(c) the name, description and place of residence of the defendant, so far as they can be ascertained;

(d) where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that affect;

(e) the facts constituting the cause of action and when it arose;

(f) the facts showing that the court has jurisdiction;

(g) the relief which the plaintiff claims;

(h) where the plaintiff has allowed a set off or relinquished a portion of his claim the amount so allowed or relinquished; and

(i) a statement of the value of the subject matter of the suit for the purposes of jurisdiction and of court fees, so far as the case admits.

HIGH COURT AMENDMENTS

Andhra Pradesh.- Same as that of Madras.

Bombay, Dadra and Nagar Haveli.- For item (1) substitute the following.

“(i) Statement of the value of the subject-matter of the Suit for the purposes of jurisdiction and of court-fees, so far as the case admits, showing the provisions of law under which the valuation of the court-fees and jurisdiction is separately made,” (1.10.1983).

Karnataka.- Delete Rule 1 and substitute the following:

“1. The plaint shall contain the following particulars:

(a) the name of the Court in which the suit is brought;

(b) the name, age, description, place of residence and place of business, if any, of the plaintiff;

(c) the name, age, description, place of residence and the place of business, if any, of the defendant, so far as can be ascertained by the plaintiff;

(d) where the plaintiff or the defendant is minor or a person of unsound mind, a statement to that effect and in the case of a minor, his age to the best of the knowledge and belief of the person verifying the plaint:

Provided that, where, owing to the large number of defendants or any other sufficient cause, it is not practicable to ascertain with reasonable accuracy the age of the minor defendants, it may be stated that the age of the minor defendant is not known;

(e) the facts constituting the cause of action and when it arose;

(t) the facts showing that the Court has jurisdiction;

(g) the relief which the plaintiff claims;

(h) where the plaintiff has allowed a set-off or relinquished a portion of the claim, the amount so allowed or relinquished; and

(i) a statement of the value of the subject-matter of the suit for the purposes of jurisdiction and court-fees, so far as the case admits.” (30.3.1967).

KERALA, LACCADIVE, MINICOY AND AMINDIVI ISLANDS.- Same as that of Madras but without the Proviso (9.6.1959).

Madras and Pondicherry.- Substitute the following for sub-clause (d) of Rule 1 : “(d) Where plaintiff or the defendant is a minor or a person of unsound mind, a statement to that effect, and in the case of a minor, a statement regarding his age to the best of the knowledge and belief of the person verifying the plaint:

Provided that where, owing to the large number of defendants or any other sufficient reason, it is not practicable to ascertain with reasonable accuracy the age of the minor defendant, it may be stated that the age of minor defendant is not known.” (ROC 1433/43) and Act, 26 of 1968, Section 3 and Sch. Pt. II (w.e.f. 5.9.1968).

Punjab, Haryana and Chandigarh.- After clause (i) or Or. 7, R.1, insert:

(i) A statement to the effect that no suit between the same parties, or between parties under whom they or any of them claim, litigating on the same grounds has been previously instituted or finally decided by a Court of competent jurisdiction or limited jurisdiction, and if so, with what results” (15.3.1991).

 

 

 

 

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