Return of plaint

Order 7 Rule 10 of CPC

Order 7 Rule 10 of the Code of Civil Procedure, 1908 (CPC) states that if a
plaint is presented in a court that does not have jurisdiction (territorial,
pecuniary, or subject-matter), the court must return the plaint for
presentation before the proper court.

Rule 10 deals with the return of plaint. It states that -

(1) Subject to the provisions of rule 10A, 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.

Explanation. — For the removal of doubts, it is hereby declared that a

Court of appeal or revision may direct after setting aside the decree passed
in a suit, the return of the plaint under this sub-rule. (If an appellate or
revisional court sets aside the decree (nullifies the lower court’s decision),
it can also direct that the plaint be returned to be filed in the proper court.

(2) 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.

Example of Endorsement on Returning a Plaint

 IN THE COURT OF THE CIVIL JUDGE, SENIOR DIVISION,
NASHIK

Civil Suit No. 123 of 2024

Plaintiff: ABC Pvt. Ltd.

Defendant: XYZ Enterprises

ORDER

The present plaint was presented before this Court on January 15, 2024.
Upon scrutiny, it is found that this Court lacks territorial jurisdiction to
entertain the suit since the cause of action has arisen within the
jurisdiction of the Civil Court, Pune.

Accordingly, the plaint is returned to the Plaintiff under Order VII, Rule
10 of CPC for presentation before the proper court.

Endorsement:

• Date of Presentation: January 15, 2024

• Date of Return: February 12, 2024
• Name of the Party Presenting: ABC Pvt. Ltd.
• Reason for Return: Lack of territorial jurisdiction; the appropriate
court is the Civil Court, Pune.

(Signature & Seal)

Civil Judge, Senior Division, Nashik

 Rejection of plaint

Order 7 Rule 11 of CPC

Rule 11 deals with the rejection of plaint. It states that -

The plaint shall be rejected in the following cases: —

(a) where it does not disclose a cause of action.

(b) where the relief claimed is undervalued, and the plaintiff, on being
required by the Court to correct the valuation within the time to
be fixed by the Court, fails to do so.

(c) where the relief claimed is properly valued, but the plaint is returned
upon 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.

(d) where the suit appears from the statement in the plaint to be barred
by any law.

(e) where it is not filed in duplicate. (The court usually allows rectification before
taking such a strict action under Order VII Rule 11 (Rejection of Plaint).

(f) where the plaintiff fails to comply with the provisions of the
rule 9. If the plaintiff does not take necessary steps for service of
summons (such as providing an address for the defendant or paying
process fees), the suit may be dismissed under Order IX Rule 2 CPC.

Fresh Suit May Be Barred – If a suit is dismissed under this rule, the
plaintiff may have to seek restoration rather than filing a fresh suit, as per
Order IX Rule 4 CPC.

Restoration Application – The plaintiff can file an application for

restoration of suit, showing sufficient cause for non-compliance.
 IN THE COURT OF THE CIVIL JUDGE, SENIOR DIVISION,
NASHIK

Civil Suit No. 123 of 2024

Plaintiff: ABC Pvt. Ltd.

Defendant: XYZ Enterprises

ORDER

The plaintiff has filed the present suit seeking [mention relief claimed].
Upon scrutiny of the plaint, it is observed that:

a) The plaint has not been filed in duplicate, as required under Order 7
Rule 11(e) of the Code of Civil Procedure, 1908.

b) The plaintiff has failed to comply with the provisions of Order 7 Rule 9
CPC, which requires necessary copies and other compliance for the service
of summons.

The plaintiff was granted an opportunity to rectify the defects; however,

despite sufficient time, the plaintiff has failed to comply.

In view of the above, and as per the mandate of Order 7 Rule 11(e) and (f)
CPC, the present plaint is liable to be rejected.

ORDERED

The plaint is hereby rejected under Order 7 Rule 11(e) and (f) CPC.

Pronounced in open court on [Date].

[Judge's Name]

[Designation]

[Court Name]
 Production and listing of Documents

Under the Code of Civil Procedure, 1908 (CPC), the production and listing
of documents are governed primarily by Order XI (Discovery and
Inspection) and Order XIII (Production, Impounding, and Return of
Documents). Below is an overview of key provisions:

1. Production of Documents:

Documents are crucial in civil litigation as they provide evidence to

support the claims or defences of parties. The CPC provides a structured
process for producing such documents.

A. Discovery and Inspection (Order XI)

Discovery of Documents (Rule 12-14)

Discovery of Documents (Rules 12-14 of Order XI, Code of Civil

Procedure, 1908) refers to the process by which parties in a lawsuit can
obtain documents from each other before the trial. The goal is to ensure
transparency and fairness in legal proceedings. Here’s a simple
breakdown:

Rule 12 – Right to Apply for Discovery

A party in a case can apply to the court to make the other party disclose
(show) any relevant documents in their possession.

The court can allow or reject the request based on its relevance to the case.

Rule 13 – Affidavit of Documents

If the court orders, the party must submit an affidavit (a written statement
under oath) listing all documents they have that are related to the case.

This helps the court and the other party know what documents exist.

Rule 14 – Production of Documents

If a party admits to having a document that is important for the case, the
court can order them to produce (show) it.

The party must bring the document to court, unless there is a valid reason
not to.

Why is this Important?

Prevents surprises in court.

Ensures both sides have access to necessary evidence.

Speeds up legal proceedings by clarifying facts.

Inspection of Documents (Rule 15-19)

Under the Code of Civil Procedure, 1908 (CPC), Rules 15 to 19 of Order XI

deal with the inspection of documents during the discovery stage of a civil
suit. These rules ensure transparency and fairness in legal proceedings by
allowing parties to inspect documents relevant to the case. Here's a
breakdown of each rule:

After discovery, a party can inspect the documents of the opposite party.
The court may allow inspection under specific conditions.

Rule 15 – Notice to Produce Documents

If one party wants to use a document in court but does not have it, they
can request the other party to produce it. A formal notice must be given,
asking them to show the document.

Rule 16 – Order for Inspection

If the other party refuses to show the document, the requesting party can
ask the court for an order. If the court agrees, it will direct the party to
allow inspection of the document.

Rule 17 – Court’s Power to Allow Inspection

The court can decide whether to allow inspection. It considers whether the
document is relevant and necessary for the case.

Rule 18 – How Inspection is Done

If an inspection is allowed, the court sets the time, place, and manner in
which the document can be inspected.

Rule 19 – Non-Compliance with Inspection Order

If a party does not follow the court's order to produce or allow inspection,
the court can impose penalties, such as preventing them from using the
document as evidence or even dismissing their claims/defenses.

These rules ensure transparency and fairness in legal cases by allowing

both parties access to important documents.

B. Production of Documents in Court (Order XIII)

Order XIII of the Code of Civil Procedure, 1908 (CPC) deals with the
production, impounding, and return of documents in court. Below is a
simple explanation of each rule:

Original Documents (Rule 1-2)

Rule 1 – Documents to be Produced at or Before Settlement of Issues

Both parties must produce all documents they rely on before issues are
settled. If a document is not produced at this stage, it cannot be used later
unless the court allows it.

Suppose A files a case against B for not repaying a loan. Before issues are
framed, A must submit documents like the loan agreement and bank
transaction proof. If A does not submit these on time, the court may refuse
to consider them later.
Rule 2 – Effect of Non-Production of Documents

If a document that should have been produced earlier is not brought

before the court, the party cannot use it as evidence unless the court
permits.

Example: If A had a written acknowledgment of debt from B but failed to

produce it in court on time, A must justify the delay (e.g., lost document,
later discovery). The court may or may not accept it.

Rejection of Irrelevant or Improper Documents (Rule 3)

Rule 3 – Rejection of Irrelevant or Inadmissible Documents

The court can reject any document if it is found to be irrelevant or

inadmissible in the case.

Example: If A submits a newspaper article as proof of a contract between

A and B, the court may reject it as irrelevant because a contract requires
legal documentation, not a news report.

Endorsements on Documents (Rule 4 - 7)

Rule 4 – Endorsement on Documents Admitted in Evidence

When a document is accepted as evidence, the court marks it with:

Number or letter (for identification)

Name of the case

Party producing it

Date of production

Example: If A submits a property deed in a land dispute case, the court

clerk will mark it with details like case number, submission date, and A’s
name before admitting it as evidence.
Rule 5 – Endorsement on Documents Rejected as Evidence

If a document is rejected, the court will mark it as "rejected" with a note

stating the reason.

Example: If A submits an unsigned contract as proof of a deal, and the

court rejects it, the document will be stamped “Rejected” with reasons
mentioned.

Rule 6 – Endorsements to be Signed by Judge

All endorsements (marks on documents) must be signed by the judge.

Rule 7 – Recording of Admission or Return of Documents

The court records whether a document is admitted or returned to the

party.

Impounding of Documents (Rule 8)

Rule 8 – Court May Order Any Document to be Impounded

If the court thinks a document is fraudulent, forged, or suspicious, it can

be impounded (taken into custody).

Return of Documents (Rule 9-10)

Rule 9 – Return of Admitted Documents- After the case is over,

documents that were admitted in evidence can be returned to the party
who submitted them.

Rule 10 – Court to Keep Rejected Documents - Documents that were

rejected remain with the court.

Rule 11 – Judge’s Power to Examine Witnesses for Documents - If

necessary, the judge can ask witnesses questions about the documents
produced in court.
This order ensures that all documents are presented on time, verified, and
handled properly to maintain transparency and fairness in the case. Let
me know if you need further clarifications!

2. Listing of Documents:
When submitting documents, a party must file a list of documents in
accordance with Order VII Rule 14 (for the plaintiff) and Order VIII Rule
1A (for the defendant).
Documents not initially filed may be produced later with the court’s
permission.
This rule deals with documents relied upon by the plaintiff in a civil suit.
It ensures that the plaintiff provides all necessary documents upfront to
avoid delays or surprises later in the case.

Order VII Rule 14

Listing of Documents (Sub-rule 1): The plaintiff must mention all
documents they rely on in their plaint (the written complaint).
These documents should be filed along with the plaint.
Filing of Copies (Sub-rule 2): Copies of these documents must be
attached when submitting the plaint.
If Documents Are Not Filed Initially (Sub-rule 3 & 4):
If the plaintiff does not file certain documents along with the plaint,
these sub-rules explain the procedure to introduce them later.
Sub-rule (3): Permission to Produce Documents Later
If the plaintiff wants to present a document after filing the plaint, they
must:
- Show sufficient cause (a valid reason) for why it was not submitted
earlier.
- Take the court’s permission before using the document as evidence.
Sub-rule (4): Notice to the Other Party
If the court allows the plaintiff to produce a document later, the other
party (defendant) must be given a copy of it. This ensures fairness and
prevents surprises during the trial.

Written statement
Order VIII of the Code of Civil Procedure (CPC), 1908, lays down
provisions regarding the written statement, set-off, and counterclaim by
the defendant in a civil suit. It provides a structured mechanism for the
defendant to present their defence and any counterclaims against the
plaintiff.

The written statement is a crucial pleading in civil litigation, as it enables

the defendant to respond to the plaintiff's allegations and present their
version of the facts. The provisions under Order VIII ensure a fair trial by
allowing both parties to state their claims and defences properly.

Order 8 of the Code of Civil Procedure (CPC), 1908 – Written

Statement and Set-Off

Order 8 of CPC deals with the defendant's response to a suit filed

against them. It outlines the procedure for filing a written statement,
raising set-offs, and making counterclaims.

Rule-Wise Explanation of Order 8

Rule 1: Written Statement by the Defendant - The defendant must

file a written statement (their reply to the plaintiff's allegations) within
30 days from the date of service of summons.
The court may extend this period up to 90 days with reasons recorded in
writing.

Kailash v. Nanhku (2005) The Supreme Court held that the time limit of
90 days is not mandatory but directory in nature.

Rule 2: New Facts Must Be Pleaded – The defendant must raise all
material facts and defences in the written statement.

If the defendant relies on any special defence (e.g., fraud, limitation, res
judicata), it must be clearly stated.

Example: If a defendant claims that the contract was signed under

coercion, this must be specifically pleaded in the written statement.

Rule 3: Denial Must Be Specific - The defendant must deny each

material fact alleged by the plaintiff.

If the denial is evasive or general, the court may assume the allegation
to be admitted.

Badat & Co. v. East India Trading Co. (1964) The Supreme Court ruled
that mere vague denial is insufficient, and specific denials must be
made.

Rule 4: Evasive Denial - If a defendant does not specifically deny a fact

but responds in an evasive manner, the fact may be deemed to be
admitted.

Example: Plaintiff: "Defendant took a loan of ₹5,00,000 from me on

10th January 2024."
Defendant: "The plaintiff is putting unnecessary allegations on me."
Here, the defendant has not specifically denied taking the loan, so the
court may consider it admitted.

Rule 5: Admissions in Pleadings - If a party admits a fact, the court

may pass judgment without requiring further proof.

Example: If the defendant admits liability in part, the plaintiff may get a
partial decree.

Sushil Kumar v. Rakesh Kumar (2003) The Supreme Court ruled that
admissions in written statements can be used as a basis for
judgment without trial.

Set-Off

Rule 6 of Order VIII of the Code of Civil Procedure, 1908, deals with set-
off, which allows the defendant to claim an adjustment of a legally
recoverable debt owed by the plaintiff. If the defendant has a legitimate
financial claim against the plaintiff, they can use set-off to reduce or
eliminate their liability in the suit.

Rule 6: Set-Off - A set-off means the defendant claims an adjustment of

their own demand against the plaintiff’s claim.

The amount claimed as set-off must be for an ascertained sum of money,

legally recoverable.

Essential Elements of Set-Off

Mutual Debts or Claims - The defendant must have a legally

enforceable claim against the plaintiff. The claim should be of a debt or
money demand.
Same Suit Jurisdiction - The set-off claim must be within the
jurisdiction of the court where the plaintiff has filed the suit.

If the claim exceeds the jurisdictional limit, set-off may not be applicable.

Ascertained and Legally Recoverable Debt - The debt claimed by

the defendant must be ascertained (fixed and definite).

It must be legally recoverable at the time of filing the written statement.

Same Parties in the Same Capacity - Both the plaintiff and the
defendant should be liable to each other in the same capacity (e.g.,
individually or as representatives of an entity). A defendant cannot claim
set-off against a person who is not a plaintiff in the suit.

Arising from the Same Transaction (Optional but Preferable) -

Though not mandatory, it is preferable that the defendant’s claim arises
out of the same transaction as the plaintiff’s claim.

Plea of Set-Off Must Be Specifically Raised - The defendant must

plead set-off explicitly in the written statement.

If the defendant does not mention it in the written statement, they may
lose the right to claim set-off later.

Example: Plaintiff sues for ₹1,00,000 for goods supplied.

Defendant claims the plaintiff owes him ₹40,000 for services rendered.
The defendant can set-off ₹40,000, reducing the plaintiff’s claim to
₹60,000.

Union of India v. K.S. Subramanian (1977) The Supreme Court held that
a set-off is in the nature of a defence and must be specifically pleaded.
Effect of Set-Off - If the court accepts the set-off claim, it acts as a
plaintiff’s suit against the plaintiff, and both claims (the original claim and
set-off) are adjudicated together.

Conclusion - Rule 6 of Order VIII provides an efficient legal remedy by

allowing the defendant to adjust mutual financial claims in the same
proceeding, preventing multiple lawsuits. This ensures speedy justice and
reduces litigation costs.

Rule 6A to 6G: Counterclaim

• A counterclaim is a separate claim by the defendant against the

plaintiff, arising out of the same transaction.
• It is treated like a plaint and must be replied to by the plaintiff.

Example:
Plaintiff sues for breach of contract and demands ₹5,00,000.
Defendant files a counterclaim stating that the plaintiff failed to supply
goods as agreed, causing a loss of ₹2,00,000.
The defendant’s counterclaim will be tried alongside the main suit.

Case Law: Ashok Kumar v. State of Haryana (2013)

The court held that a counterclaim can be filed even after the written
statement but must be related to the subject matter of the suit.

Rule 7: Grounds of Defence Not to Be Set Up in Rejoinder

 • The defendant cannot introduce new grounds of defense after
filing the written statement.

Example:
If a defendant fails to mention a limitation defense in the written
statement, they cannot raise it later in a rejoinder.

Rule 8: Duty of Defendant to Produce Documents

• The defendant must attach all relevant documents to the

written statement or explain why they are not produced.

Order 8 of CPC plays a crucial role in defining the defendant’s defense in

a lawsuit. It ensures that the defendant presents their case
properly, without causing unnecessary delays. Proper compliance with
rules of pleading can prevent adverse consequences such as
admissions by default.

Would you like me to include more case laws on specific rules?

Rule Subject Key Point

Rule 1 Written Must be filed within 30 days (extendable to
Statement 90 days).
Rule 2 Pleading New Special defenses must be explicitly
Facts mentioned.
Rule 3 & Denial Denials must be specific; vague denials are
4 deemed admissions.
Rule 5 Admissions The court can give judgment based on
admissions.
Rule 6 Set-Off The defendant can claim an adjustment
against the plaintiff’s demand.
Rule 6A- Counterclaim A counterclaim is like a separate suit and
6G must be related to the same transaction.
Rule 7 Rejoinder The defendant cannot introduce new
defenses after the written statement.
Rule 8 Documents The defendant must submit relevant
documents with the written statement.