Order 7 of CPC: Rules 1-9
Overview of Order 7
- Order 7 pertains to plaints (legal documents) in civil procedure.
- Divided into multiple parts:
- Part 1: Rules 1-9
- Part 2: Rules 10, 10A, 10B
- Part 3: Rules 11-14
Part 1 (Rules 1-9)
Rule 1: Necessary Particulars in a Plaint
- Name of the court where the suit is brought.
- Plaintiff's details: Name, description, residence.
- Defendant's details: Name, description, residence, father's name (as much as known).
- Example format:
A B son of C D resident of Karanpur, Dehradun for plaintiff and P Q son of R S resident of Dharampur, Dehradun for defendant.
Rule 2: Money Suit
- Statement of Amount: Exact amount claimed if it's for money recovery.
- Approximate Value: When exact amount can't be determined (mesne profits, unsettled accounts, movable property).
Rule 3: Subject Matter (Immovable Property)
- Description of Property: Sufficient to identify the property.
- Boundaries and Numbers: Should specify boundaries and numbers if identifiable by such means.
Rule 4: Representational Suits
- Interest in Subject Matter: Plaintiff must show actual existing interest and authorization to file suit.
Rule 5: Defendant's Interest and Liability
- Interest and Liability: Defendant's interest in subject matter and liability to answer plaintiff's demand must be shown.
Rule 6: Limitation Law
- Ground for Extension: Show ground for claiming exemption from limitation law within the plaint.
- Court may permit claim if reasonable ground is provided and is not inconsistent with plaint statements.
Rule 7: Specific Reliefs
- Reliefs Claimed: Specific or alternative reliefs claimed by plaintiff must be clearly stated in the plaint.
- Return Statement: Same rule applies to defendant's return statement.
- Case Reference: Rajendra Tiwari vs. Basudev Prasad (2002) - Plaintiff can't be granted more relief than claimed.
Rule 8: Distinct Claims
- Separate Grounds: If reliefs are based on different and separate grounds, they must be distinctly stated in the plaint.
Rule 9: Copy Submission of Plaint
- Multiple Copies: Provide as many copies of plaint as there are defendants within 7 days of court order along with requisite fees.
Additional Notes
- Video contains detailed breakdown of each rule with examples.
- Mention of playlist containing all videos on CPC and communication channels for notes and updates.
Next Steps
- Part 2: Discussion on Rules 10, 10A, and 10B
- Part 3: Discussion on Rules 11-14
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- Group: Zeenat LLB for direct engagement and note sharing.
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