ORDER IV – Civil Procedure Code 1908

Civil Procedure Code 1908

 

 

ORDER IV. ORDER IV – INSTITUTION OF SUITS (THE FIRST SCHEDULE)

 

ORDER IV
INSTITUTION OF SUITS

 

1. Suit to be commenced by plaint

 

(1) Every suit shall be instituted by presenting a 1[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.

 

2[(3) The plaint shall not be deemed to by duly instituted unless it complies with the requirements specified in sub-rules (1) and (2).]

 

HIGH COURT AMENDMENTS

 

Allahabad.-

 

In Order IV, in rule 1,-

 

(a) for sub-rule (1), substitute the following sub-rules, namely:-

 

“(1) Every suit shall be instituted by presenting to the Court or such officer as it appoints in this behalf a plaint, together 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 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) re-number sub-rule (2) as sub-rule (3).

 

[Vide Notification No. 4084/35(a)-3(7), dated 24th July, 1926.]

 

 

Bombay.-

In Order IV, for rule 1, substitute the following rule, namely:-

“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 annexes 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.”(w.e.f. 1-10-1983)

 

 

Madhya Pradesh.-

 

In Order IV, in rule 1,-

 

(a) for sub-rule (1), substitute the following sub-rule, namely:-

 

“(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) after sub-rule (1), insert the following sub-rule, namely:-

 

“(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.”

 

(c) renumber sub-rule (2) as sub-rule (3). (w.e.f. 29-6-1943)

 

Rajasthan.-

Substitute sub-rule (1) as in Madhya Pradesh.

 

[Vide Notification No. 33/SRO, dated 21st July, 1954.]

 

1. Subs, by Act No. 46 of 1999 section 14 (w.e.f. 1-7-2002) for “plaint to the court”.

 

2. Added by Act No. 46 of 1999 section 14 (w.e.f. 1-7-2002).

 

2. Register of suits

 

The Court shall cause the particulars of every suit to be entered in a book to be kept for the purposes and called the resister of civil suits. Such entries shall be numbered in every year according to the order in which the plaints are admitted.

 

HIGH COURT AMENDMENTS

 

Calcutta:-

In order IV, in rule 2, after the words “particulars of every suit”, insert the words “except suits triable by a Court invested with the jurisdiction of a Court of Small Causes under the Provincial Small Cause Courts Act, 1887”. (w.e.f. 1-1-1939)

 

Gauhati.-

Same as in Calcutta.

 

STATE AMENDMENTS

 

Uttar Pradesh-

In its application to the State of Uttar Pradesh after Order IV, the following Order shall be inserted:-

 

ORDER IVA
CONSOLIDATION OF CASES

 

1. Consolidation of suits and proceedings

 

When two or more suits or proceedings are pending in the same Court, and the Court is of opinion that it is expedient in the interest of justice, it may by order direct their joint trial, where upon all such suits and proceedings may be decided upon the evidence in all or any of such suits or proceedings.” [U.P. Act 57 of 1976].

 

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Civil Procedure Code 1908

 

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