Civil procedure code

Question No. 1 and 6

Introduction
 A plaint is a fundamental legal document that initiates a civil lawsuit in a court of
law. It outlines the plaintiff's grievances, the facts surrounding the case, and the
relief sought from the court.
 The (CPC) 1908 providing specific guidelines on how plaints should be
structured and what they must contain. Understanding the contents of a plaint
and the provisions for amending it is crucial for anyone involved in legal
proceedings.
 It deal wirh plaint , how to file a suit, how it to prepare, & what things are
included, and when plaint accept or reject

Relevant Provisions
 For plaint generally: The relevant rules regarding plaints are primarily found in
Order VII of the CPC. This order specifies what information must be included in a
plaint to ensure it is valid and actionable.
 For Amendment: Under Order VI Rule 17 of the CPC, a party may amend their
pleadings at any stage of the proceedings before judgment is pronounced.

Rule 1. Particulars of plaint.

1. Name of the Court: The plaint must state the name of the court where the
suit is being filed, establishing the jurisdiction for the case.
2. Name of Parties: It should include the names, descriptions, and places of
residence of both the plaintiff and the defendant, providing clarity on who is
involved in the litigation.
3. Minor or Unsound Mind: If either party is a minor or of unsound mind, a
statement indicating this fact must be included, ensuring that appropriate
legal representation is appointed.
4. Cause of Action: The plaint must detail the facts constituting the cause of
action and specify when it arose, allowing the court to understand the basis
for the lawsuit.
5. Jurisdiction: The particulars should include facts demonstrating that the
court has jurisdiction over the matter, both territorially and pecuniarily.
6. Relief Claimed: The plaint must clearly state what relief or remedy the
plaintiff is seeking from the court, informing all parties about the desired
outcome.
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7. Set-off or Relinquishment: If applicable, any set-off allowed by the plaintiff

or any portion of their claim that has been relinquished should be specified in
terms of amount.
8. Value of Subject-Matter: A statement regarding the value of the subject-
matter of the suit is required for jurisdictional purposes and to determine court
fees, ensuring transparency in financial aspects related to the case.

Rule 9. Procedure of admitting plaint.

1. The plaintiff shall endorse on the plaint, or annex thereto, a list of the
documents (if any) which he has produced along with it.
 The plaintiff shall present with his plaint __ as many copies the plaint as
A/c defendants is in plaint , plus two extra copies,
 If the plaint lengthy the Court permits that to present number of concise
statements, by reason of the length of the plaint or the number of the
defendants, or for any other sufficient reason.
 Draft forms of summons and fees for the service thereof.]
2. Concise statements. Where the plaintiff sues, or any of the defendants is
sued, in a representative capacity, such statements shall show in what
capacity the plaintiff or defendant sues.
3. The plaintiff may, by leave of the Court, amend such statements so as to
make them correspond with the plaint.
The chief ministerial officer of the Court shall sign such list and copies or
statements if, on examination, he finds them to be correct.

Q- 6
10. Return of plaint.__
 The plaint shall at any stage of the suit be returned to be presented to the Court
in which the suit should have been instituted. ( if the jurisdiction is not correct )
 Procedure on returning plaint. On returning a plaint the Judge shall endorse
thereon the date of its presentation and return, the name of the party presenting
it, and a brief statement of the reasons for returning it.
Grounds for Returning a Plaint
A court may return a plaint if:
1. Defective: The plaint is defective in form or content.
2. Lack of Jurisdiction: The court lacks jurisdiction to try the suit.
3. Insufficient Stamp Duty: The plaint does not bear sufficient stamp duty.
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4. Non-Compliance with Rules: The plaint does not comply with the rules of the
court.
5. Frivolous or Vexatious: The plaint is frivolous or vexatious.
If a court returns a plaint, the plaintiff may be given an opportunity to rectify the defects
and re-file the plaint.
If Question’s answer short add it with difference of return and rejection of plaint

11. Rejection of plaint.

The plaint shall be rejected in the following cases:_
1. where it does not disclose a cause of action:
2. where the relief claimed is under-valued, and the plaintiff, on being required
by the Court to correct the valuation within a time to be fixed by the Court,
fails to do so:
3. where the relief claimed is properly valued, but the plaint is written upon
paper insufficiently stamped, and the plaintiff, on being required by the Court
to supply the requisite stamp-paper within a time to be fixed by the Court, fails
to do so:
4. Where the suit appears from the statement in the plaint to be barred by any
law.

12. Procedure on rejecting plaint.

Where a plaint is rejected, the Judge shall record an order to that effect with the
reasons for such order. (Reasons mentioned by judge)

13. Where rejection of plaint does not preclude presentation of fresh

plaint.
 The rejection of the plaint on any of the grounds hereinbefore mentioned shall
not of its own force preclude the plaintiff from presenting a fresh plaint in respect
of the same cause of action.
 On any ground which plaintiff reject can be file fresh suit
 Where suit dismissed no fie fresh suit because on apply res -- judicata

Conclusion

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Q-1 Amendments
RELEVANT PROVISION: Order VI Rule 16, 17 and 18
WHEN ALLOWED:
An application to amend any pleading is allowed if it fulfils 2 essential conditions:
a. The amendment sought must be essential for the purpose of determining the
real question of controversy between parties.
b. The amendment sought must not cause injustice to the opposite party.
WHEN NOT ALLOWED: No party should be allowed to amend his pleading.
a. to set up a new case or a new cause of action
b. if such amendment is not necessary
c. if such amendment causes injustice to the opposite party
d. when it has the effect of wholly displacing the case
e. when application is not made in good faith
PURPOSE: Sometimes it is necessary to make an amendment to the pleading before
or during the trial.
 Correction or errors
 Clarification of issues
 Receiving new information
 New documents come to light
RULE 17: Amendments of pleading
The Court may, at any stage of the proceedings, allow either party to alter or amend his
pleadings in such manner and on such terms as may be just, and all such amendments
shall be made as may be necessary for the purpose of determining the real questions in
controversy between the parties.

RULE 18: Limitations on Amendment

1. Time Limit: Amendments must be made within a specified time limit.

2. Leave of Court: The court may refuse leave to amend if it would cause undue
delay or prejudice.
3. Prejudice to Opponent: Amendments that cause prejudice to the opponent may
not be allowed
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METHOD OF AMENDMENT OF PLEADING

a. Application of Amendment
b. Discretion of court in decision of the application
c. If plaintiff is allowed to amend plaint, defendant is also allowed to amend his
defences.
STAGE: At any stage
Kinds of amendment
1. Compulsory:
 At the instance of the court itself
 On the application of opposite party
1. if plaint incomplete, defective
II. Our pleading objectionable to opposite party
III. No disclose the cause of action
2. Optional or voluntary:
If party finds its own pleading defective or incomplete, it may itself revise it in
following 2 ways:
I. By filing further particulars with the leave of the court
II. By amending it with the leave of the court

Conclusion

Question No. 2
Introduction
An ex-parte decree is a legal decision made by a court in the absence of one party,
typically the defendant. This occurs when the defendant fails to appear in court despite
being duly notified. The (CPC) 1908 outlines the circumstances under which an ex-
parte decree can be passed, as well as the procedures available for setting it aside.
Understanding these provisions is essential for ensuring fair legal proceedings and
protecting the rights of all parties involved.
Relevant Provisions Order -- IX
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 Order VIII, Rule 10: If a defendant fails to file a written statement within 30 days
of receiving the summons (which can be extended up to 90 days), the court may
pass an ex-parte decree against them.
 Order IX, Rule 6: This rule allows for an ex-parte decree if the defendant fails to
appear at the hearing after being properly served.
Definition and Circumstances for Ex-Parte Decree
 According to Order IX of the CPC, an ex-parte decree can be issued when:
 The defendant does not appear in court after being served with a summons.
 The plaintiff is present and ready to proceed with the case.
 The court has the discretion to hear the case based on the evidence presented
by the plaintiff.
APPEARANCE OF PARTIES AND CONSEQUENCE OF NON-APPEARANCE
1. Appearance of Parties
 Requirement to Appear: On the date fixed by the court, both parties must
appear in person or through their legal representatives (pleaders). This ensures
that the case can be heard and decided.
 Hearing: If both parties are present, the court will proceed with the hearing
unless it is adjourned to a later date.
2. Consequences of Non-Appearance
A. Plaintiff's Failure to Appear
 Dismissal of Suit: If the plaintiff fails to appear and has not paid necessary court
fees or postal charges for serving summons, the court may dismiss the suit.
However, if the defendant appears despite the summons not being served, the
dismissal may not occur.
B. Defendant's Failure to Appear
 Ex Parte Proceedings: If only the plaintiff appears and proves that the
summons was duly served on the defendant, the court may proceed with ex
parte proceedings. This means the case will be decided based on the evidence
presented by the plaintiff without hearing from the defendant.
 Second Summons: If it is found that the summons was not duly served, a
second summons will be issued for the defendant.
 Postponement: If the summons was served but not in sufficient time for the
defendant to appear, the court will postpone the hearing and notify the defendant
of the new date.
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3. Dismissal When Neither Party Appears

 Dismissal Order: If neither party appears when called for hearing, the court may
dismiss the suit altogether.
4. Fresh Suit or Restoration of Dismissed Suit
Where a suit is dismissed under rule 2 or rule 3,
 Bringing a Fresh Suit: If a suit is dismissed due to non-appearance, the plaintiff
can file a fresh suit subject to limitation laws.
 Restoration Application: The plaintiff may also apply to have the dismissal set
aside if they can show sufficient cause for their absence or failure to pay required
fees. If satisfied, the court will restore the suit and appoint a new date for hearing.
5. Dismissal after Unserved Summons
 Failure to Apply for Fresh Summons: If a summons issued to the defendant is
returned unserved and the plaintiff does not apply for a fresh summons within
three months, the court will dismiss the suit against that defendant.
 Exceptions: The dismissal will not occur if the plaintiff can demonstrate that:
o They made genuine efforts to locate the defendant.
o The defendant is intentionally avoiding service.
o There is another valid reason for not applying for a fresh summons.
 Bringing a Fresh Suit: If the suit is dismissed, the plaintiff may file a fresh suit,
provided it complies with limitation laws.
6. Procedure When Only Plaintiff Appears imp
Where the plaintiff appears and the defendant does not appear when the suit is
called on for hearing, then
 Duly Served Summons: If it is proven that summons was duly served and only
the plaintiff appears, an ex parte decree can be passed against the defendant.
 Unduly Served Summons: If it is not proven that summons was duly served, a
second summons will be issued.
 Postponement Due to Plaintiff's Default: If it is due to plaintiff's fault that
summons was not duly served, they must bear any costs incurred due to
postponement.
Costs Due to Plaintiff's Default in Service of Summons
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If the summons was not properly served or was not served in sufficient time because of
the plaintiff's default, the court will require the plaintiff to pay the costs resulting from the
postponement of the hearing.
7. Good Cause for Previous Non-Appearance
 Ex Parte Adjournment: If the court has adjourned the hearing ex parte and the
defendant appears later, they can explain their previous non-appearance.
 Hearing Allowed: If the defendant provides a valid reason, the court may allow
them to be heard as if they had appeared on the original date.
8.Only Defendant Appears
 Plaintiff's Absence: If only the defendant is present when the case is called:
o The court will dismiss the suit unless the defendant admits to the claim.
o If part of the claim is admitted, a decree will be issued for that part, and
the remainder will be dismissed.
9. Decree against plaintiff by default bars fresh suit.
 Default Dismissal: If a suit is dismissed due to the plaintiff's non-appearance,
they cannot file a new suit on the same cause of action.
 Setting Aside Dismissal: The plaintiff can apply to have the dismissal set aside
if they provide a sufficient reason for their absence.
10. Non-Attendance of Multiple Plaintiffs
 Proceeding with Present Plaintiffs: If some plaintiffs appear and others do not,
the court may allow the suit to proceed with those present.
11. Non-Attendance of Multiple Defendants
 Proceeding with Present Defendants: If some defendants appear and others
do not, the court will continue with the case and make decisions regarding absent
defendants at judgment.
12. Consequences for Ordered Personal Appearance
 Failure to Appear: If a party ordered to appear in person fails to do so without a
valid reason, they will face consequences similar to those for non-appearance in
general.
13. Setting Aside Ex Parte Decree (imp)
 Application to Set Aside: A defendant against whom an ex parte decree has
been passed can apply to set it aside by showing that:
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a. The summons was not properly served.

b. They had a valid reason for not appearing.
 Grounds for Application:
a. The defendant must show that the summons was not duly served.
b. Alternatively, they must demonstrate that they were prevented from
appearing due to a sufficient cause.
 Court's Decision: If the court is satisfied with the reasons provided, it will set
aside the decree against the defendant and may impose terms regarding costs or
payment into court.
 Nature of Decree: If the decree cannot be set aside only against one defendant,
it may also be set aside against all or any of the other defendants.
 Irregularity in Service: A decree cannot be set aside solely due to irregularities
in the service of summons if the court finds that the defendant had prior
knowledge of the hearing date.
 Limitation Period: The application to set aside an ex parte decree must be filed
within 30 days from the date of knowledge of the decree or from the date of the
decree itself if summons was not duly served.
 Application of Limitation Act, 1908 to Setting Aside Decrees
14. Notice Requirement: The opposite party must be notified of this application before
any decree can be set aside.

Conclusion

Question -- 3
Introduction
In civil litigation, a plaint is a formal document filed by a plaintiff to initiate a lawsuit. It
outlines the plaintiff's claims, the facts supporting those claims, and the relief sought
from the court. However, not all plaints are accepted by the court; some may be
rejected based on specific legal grounds. The (CPC) 1908 provides guidelines on the
rejection of plaints to ensure that only valid claims proceed to trial. Understanding these
grounds for rejection helps maintain judicial efficiency and prevents frivolous lawsuits.

Relevant Provisions
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The primary provision governing the rejection of plaints is found in Order VII, Rule 11 of
the CPC. This rule specifies the circumstances under which a plaint can be rejected by
the court. The grounds for rejection include:

definitions
Pleading: The process of filing and responding to legal documents, such as plaints and written
statements, to formally present claims, defenses, and counterclaims in a court of law.

Plaint: A written document filed by the plaintiff stating their claim, facts, and relief
sought.
Written Statement: A document filed by the defendant in response to the plaint, stating
their defense, objections, and counterclaims.

Bases of Pleading Filed in Court

1. Initiation of Lawsuit: A lawsuit begins with the filing of a complaint, which
outlines the plaintiff's claims and legal basis for the suit.
2. Formal Documents: Pleadings are formal documents that state the positions
of both parties, including claims, defences, and counterclaims.
3. Complaint: The primary pleading submitted by the plaintiff detailing the
cause of action, factual background, and relief sought.
4. Answer: The defendant's response to the plaintiff's complaint, addressing
allegations and presenting defences.
5. Counterclaim: A claim made by the defendant against the plaintiff, asserting
that the plaintiff has caused harm and seeking damages.
6. Notice Requirement: Pleadings serve to notify the opposing party of the
claims and defences being asserted, allowing them to prepare their case.
7. Jurisdictional Basis: The pleadings must demonstrate that the court has
jurisdiction over the matter both territorially and pecuniary.

Rejection of Plaint
The rejection of a plaint is governed by Order VII Rule 11 of the Code of Civil Procedure
(CPC). This rule outlines specific grounds on which a plaint can be rejected, ensuring
that only valid and properly framed claims proceed in court. Below are the key grounds
for rejection explained in detail:
O-7 R11. Rejection of plaint.
The plaint shall be rejected in the following cases:_
5. where it does not disclose a cause of action:
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6. where the relief claimed is under-valued, and the plaintiff, on being required
by the Court to correct the valuation within a time to be fixed by the Court,
fails to do so:
7. where the relief claimed is properly valued, but the plaint is written upon
paper insufficiently stamped, and the plaintiff, on being required by the Court
to supply the requisite stamp-paper within a time to be fixed by the Court, fails
to do so:
8. Where the suit appears from the statement in the plaint to be barred by any
law.

Ground of rejection
1. Absence of Cause of Action: No valid reason for filing the suit.
2. Undervaluation of Suit: Claim value is too low.
3. Insufficient Stamp: Not enough stamp duty paid.

4. Suit Barred by Law: Filed after the limitation period.

6. Frivolous or Vexatious Claims: Suit filed to harass the defendant.
7. Lack of Jurisdiction: Court has no authority over the case.
8. Non-joinder or Misjoinder of Parties: Necessary parties not included.
9. Failure to File in Duplicate: Only one copy of the plaint filed.
10. Non-Compliance with Court Rules: Other procedural rules not followed.
11. General Discretion of Courts: Court's discretion to reject a plaint
O-7 R12. Procedure on rejecting plaint.
Where a plaint is rejected, the Judge shall record an order to that effect with the
reasons for such order. (Reasons mentioned by judge)
When considering whether to reject a plaint, courts typically follow these steps:
 Examination of Pleadings: The court reviews the plaint to determine if it meets
all legal requirements.
 Hearing: If there are grounds for rejection, the court may hold a hearing where
both parties can present their arguments.
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 Order for Rejection: If satisfied that grounds exist under Order VII Rule 11, the
court will issue an order rejecting the plaint.
 Opportunity to Amend: In some cases, plaintiffs may be given an opportunity to
amend their plaint before rejection if it does not meet all requirements but shows
potential merit.
O-7 R13. Where rejection of plaint does not preclude presentation of fresh plaint.
 The rejection of the plaint on any of the grounds hereinbefore mentioned shall
not of its own force preclude the plaintiff from presenting a fresh plaint in respect
of the same cause of action.
 On any ground which plaintiff reject can be file fresh suit
 Where suit dismissed no fie fresh suit because on apply res -- judicata

Conclusion
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Question 4
Introduction

A written statement is a crucial document in civil litigation, serving as the defendant's

formal response to the plaint filed by the plaintiff. It outlines the defendant's defenses,
denials, and any counterclaims against the plaintiff. The (CPC) 1908 provides specific
guidelines on how written statements should be structured and what they must contain.
Understanding these requirements is essential for effective legal practice and for
safeguarding the rights of all parties involved in a lawsuit.

Relevant Provisions

The provisions regarding written statements are primarily found in Order VIII of the
CPC. This order details how defendants should prepare and submit their written
statements, including timelines and specific content requirements.

Rule 1 to 13

1. Written Statement
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Defendants are required to present a written statement of their defense at or

before the first hearing, or within a time frame permitted by the court.
The standard period for filing this statement shall not generally exceed thirty
days.
2. New Facts Must Be Specially Pleaded
Defendants must raise all matters in their pleadings that demonstrate the suit
is not maintainable or that the transaction is void or voidable.
This includes defenses that could surprise the opposing party, such as fraud,
limitation, release, payment, performance, or illegality.
3. Denial to Be Specific
General denials are insufficient; defendants must specifically address each
factual allegation made by the plaintiff, except regarding damages.
4. Evasive Denial
A defendant denying an allegation must do so directly and substantively. For
example, if accused of receiving a specific sum, they must deny receipt of
that sum or clarify what was received.
5. Specific Denial
Any fact in the plaint that is not specifically denied or stated as not admitted
will be deemed admitted unless it concerns a person under disability.
The court may require proof of any fact admitted by implication.
6. Particulars of Set-Off
In cases where the defendant claims a set-off against the plaintiff's monetary
demand, they must include this claim in their written statement at the first
hearing.
The written statement for set-off has the same effect as a plaint in a cross-
suit, allowing the court to issue a final judgment on both the original claim and
the set-off.
The rules governing written statements by defendants also apply to
statements addressing claims for set-off.
7. Defence or Set-Off Founded on Separate Grounds
Defendants must clearly state each distinct ground for their defence or set-off
based on separate facts.
8. New Grounds of Defence
Any new grounds of defence that arise after the suit has started or after a
written statement claiming a set-off can be introduced by either party in their
written statement.
9. Subsequent Pleadings
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No further pleadings are allowed after the defendant's written statement

unless the court grants permission. The court may also require additional
written statements from any party at any time.
10. Procedure for Failure to Present Written Statement
If a party fails to submit the required written statement within the specified
time, the court may issue a judgment against that party or make other
appropriate orders regarding the suit.
11. Address for Service
All parties must file their address for service with the court by the date
specified in the summons or notice.
This address will be recorded in the Register of Suits.
Relevant rules from Order VII apply to addresses for service.
12. Consequences of Failing to File Address
If a party does not file an address for service, the court may compel them to
do so. Failure to comply can result in their defence being struck out, placing
them in a position as if they had not defended.
13. List of Legal Representatives of Defendant
The written statement must include names and addresses of potential legal
representatives in case of the defendant's death.
Defendants can amend their list of legal representatives at any time.
Any nomination regarding legal representatives remains effective throughout
the suit and related proceedings unless changed.
These provisions ensure clarity and procedural fairness in civil litigation,
allowing both parties to present their cases comprehensively while adhering
to court protocols.

Conclusion
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Question 5

Documents to be Produced at 1st Hearing

1. All documentary evidence: Any document that supports the party's case.
2. Documents not already filed in Court: Any document that has not been
previously submitted to the Court.
3. Primary Document -- Any document that the party has control over.
4. Copy of the Document – that are have original
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5. List of Additional Documents -- A detailed list of all documents produced, in a

format specified by the High Court.
6. Documents Ordered by Court -- Any document that the Court has specifically
requested.
7. Shop-Book Entries --
8. Negotiable Instruments –

These documents may include, but are not limited to:

Contracts, Agreements, Receipts, Invoices, Letters, Emails, Photographs, Videos,

Expert report, Witness statement

Documents relied on in Plaint

1. Production of Documents
 Documents in Possession: A plaintiff must produce any document they are
suing upon at the time of filing the plaint and provide a copy for court records.
 List of Additional Documents: Any other documents relied upon must be listed
and annexed to the plaint, regardless of whether they are in the plaintiff's
possession.
2. Documents Not in Plaintiff’s Possession
If a document is not in the plaintiff's possession, they should state who has it, if known.
3. Suits on Lost Negotiable Instruments
If a suit is based on a lost negotiable instrument, the court may allow the case to
proceed if the plaintiff provides an indemnity against claims from others.
4. Shop-Book Entries
For entries in shop-books or accounts, the original book must be produced along with a
copy of the relevant entry when filing the plaint.
5. Inadmissibility of Non-Produced Documents
Documents that should have been produced at the time of filing but were not will not be
accepted as evidence unless the court grants permission.
6. Address for Service
Every plaint must include an address for service where notices and summons can be
delivered. This address must be within the local limits of the court.
7. Consequences of Failing to File Address
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Failure to provide an address may lead to dismissal of the suit or rejection of the
petition.
8. Procedure When Party Not Found
If a party cannot be found at their provided address, a notice will be affixed to their door,
and if they remain absent, further notice will be sent by registered post.
9. Service on Pleader
Notices and processes served on a party’s pleader must follow specific rules unless
otherwise directed by the court.
10. Change of Address
A party wishing to change their address for service must file a verified petition, notifying
other parties involved.
Conclusion
These provisions ensure that plaintiffs properly present their claims and supporting
documents while maintaining communication with the court and other parties involved in
civil proceedings. Adherence to these rules is crucial for the efficient administration of
justice under public international law.