ORDER VII – Civil Procedure Code 1908

Civil Procedure Code 1908

 

 

ORDER VII. PLAINT

 

ORDER VII. PLAINT

 

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 effect;

 

(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 in Madras

 

Bombay:-

In Order VII, in rule 1, in clause (i), at the end, substitute comma for the full stop and thereafter insert the words “showing the provisions of law under which the valuation of the court-fees and jurisdiction is separately made.” (w.e.f. 1-10-1983).

 

Karnataka:-

In Order VII, in rule 1.-

 

(i) for clause (b) and (c), substitute the following clauses, namely:-

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

 

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

 

(ii) for clause (d), substitute the following clause, namely:-

 

“(d) Where plaintiff or the defendant is a minor, a statement to that effect, and in the case of 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 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.”

 

Kerala-

Same as in Madras omitting the proviso.

 

[Vide Notification No. B1-3312/50, dated 7-4-1959.]

 

Madras:-

In Order VII, in rule 1, for clause (d), substitute the following clause, namely:-

 

“(d) Where plaintiff or the defendant is a minor or a person of unsound mind, a statement of that effect, and in the case of minor, a statement regarding his age to the best of 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;”

 


Punjab:-

In Order VII, in rule 1, after clause (i), insert the following clause, namely:-

 

“(j) 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.” (w.e.f. 15-3-1991)

 

2. In money suits

 

Where the plaintiff seeks the recovery of money, the plaint shall state the precise amount claimed:

 

But where the plaintiff sue for mesne profits, or for an amount which will be found due to him on taking unsettled accounts between him and the defendant, 1[or for movables in the possession of the defendant, or for debts of which the value he cannot, after the exercise of reasonable diligence, estimate, the plaint shall state approximately the amount or value sued for].

 

HIGH COURT AMENDMENT

 

Karnataka:-

In Order VII, in rule 2, in para 1, at the end, insert the words “and wherever a statement of account or a memorandum of calculation is necessary for the purpose, such statement or memorandum shall be set out in the schedule to the plaint or separately annexed thereto”. (w.e.f. 30-3-1967)

 

1. Subs, by Act No. 104 of 1976, sec. 57 for “the plaint shall state approximately the amount sued for” (w.e.f. 1-2-1977).

 

3. Where the subject-matter of the suit is immovable property

 

Where the subject-matter of the suit is immovable property, the plaint shall contain a description of the property sufficient to identify it, and, in case such property can be identified by boundaries or numbers in a record of settlement or survey, the plaint shall specify such boundaries or numbers.

 

HIGH COURT AMENDMENTS

 

Bombay:-

In Order VII, in rule 3, at the end, insert the words “In case of encroachment, sketch showing as approximately as possible the location and the extent of the encroachment shall also be filed along with the plaint.”. (w.e.f. 1-10-1983)

 

Calcutta:-

In Order VII, in rule 3, at the end, insert the words “and where the area is mentioned, such description shall further state the area according to the notation used in the record of settlement or survey, with or without, at the option of the party, the same area in terms of the local measures”.

 

Gauhati:-

Same as in Calcutta.

 

4. When plaintiff sues as representative

Where the plaintiff sues in a representative character the plaint shall show not only that he has an actual existing interest in the subject-matter, but that he has taken the steps (if any) necessary to enable him to institute a suit concerning it.

 

HIGH COURT AMENDMENT

 

Karnataka:-

In Order VII, renumber rule 4 as sub-rule (1) thereof and insert the following sub-rule, namely:-

 

“(2) When the permission of the Court under rule 8 of Order 1 of this Code is sought, before or at the time of institution of the suit, the plaint shall be accompanied by an application supported by an affidavit stating the number or approximate number of parties interested, the places where they respectively reside, that they have all the same interest in the subject-matter of the suit and the nature of the said interest, and the
best means of giving notice of the institution of the suit to the said parties. If the permission sought is granted, the plaint shall state, or be amended so as to state that the plaintiff sues on behalf of himself and all other persons interested in the subject-matter of the suit and that he has been permitted by the Court to do so by an order of Court made on a particular date, in the application mentioned above.” (w.e.f. 30-3-1967)

 

5. Defendant’s interest and liability to be shown

The plaint shall show that the defendant is or claims to be interested in subject-matter, and that he is liable to be called upon to answer the plaintiffs demand.

 

6. Grounds of exemption from limitation law

Where the suit is instituted after the expiration of the period prescribed by the law of limitation, the plaint shall show the ground upon which exemption from such law is claimed :

 

1[Provided that the Court may permit the plaintiff to claim exemption from the law of limitation on any ground not set out in the plaint, if such ground is not inconsistent with the grounds set out in the plaint.]

 

1. Added by Act No. 104 of 1976 (w.e.f. 1-2-1977).

 

7. Relief to be specifically stated

Every plaint shall state specifically the relief which the plaintiff claims either simply or in the alternative, and it shall not be necessary to ask for general or other relief which may always be given as the Court may think just to the same extent as if it had been asked for. And the same rule shall apply to any relief claimed by the defendant in his written statement.

 

8. Relief founded on separate ground.

Where the plaintiff seeks relief in respect of several distinct claims or causes of action founded upon separate and district grounds, they shall be stated as far as may be separately and distinctly.

 

1[9. Procedure on admitting plaint

Where the court orders that the summons be served on the defendants in the manner provided in rule 9 of Order V, it will direct the plaintiff to present as many copies of the plaint on plain paper as there are defendants within seven days from the date of such order alongwith requisite fee for service of summons on the defendants]

 

1. Rule 9 was substituted by Act No. 46 of 1999, section 19. Now again substituted by Act No 22 of 2002, Section 8 (w.e.f. 1-7-2002).

 

10. Return of plaint

(1) 1[Subject to the provisions of rule 10A, the plaint shall] at any state of the suit be returned to be presented to the Court in which the suit should have been instituted.

 

2[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.]

 

(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.

 

HIGH COURT AMENDMENT

 

Bombay:-

In Order VII, in rule 10, in sub-rule (1), at the end, insert the words “The plaintiff or his pleader shall be informed of the date fixed for the return of the plaint.” (w.e.f. 1-10-1983)

 

1. This rule has been applied to suits for the recovery of rent under the Chota Nagpur Tenancy Act, 1908 (Ben. 6 of 1908) s. 265.

 

2. Ins. by Act No. 104 of 1976 (w.e.f. 1-2-1977).

 

1[10A. Power of Court to fix a date of appearance in the Court where plaint is to be filed after its return

 

(1) Where, in any suit, after the defendant has appeared, the Court is of opinion that the plaint should be returned, it shall, before doing, so, intimate its decision to the plaintiff.

 

(2) Where an intimation is given to the plaintiff under sub-rule (1), the plaintiff may make an application to the Court—

 

(a) specifying the Court in which he proposes to present the plaint after its return,

 

(b) praying that the Court may fix a date for the appearance of the parties in the said Court, and (c) requesting that the notice of the date so fixed may be given to him and to the defendant. :

 

(3) Where an application is made by the plaintiff under sub-rule (2), the Court shall, before returning the plaint and notwithstanding that the order for return of plaint was made by it on the ground that it has no jurisdiction to try the suit,—

 

(a) fix a date for the appearance of the parties in the Court in which the plaint is proposed to be presented, and

 

(b) give to the plaintiff and to the defendant notice of such date for appearance.

 

(4) Where the notice of the date for appearance is given under sub-rule (3),—

 

(a) it shall not be necessary for the Court in which the plaint is presented after its return, to serve the defendant with a summons for appearance in the suit, unless that Court, for reasons to be recorded otherwise directs, and

 

(b) the said notice shall be deemed to be a summons for the appearance of the defendant in the Court in which the plaint is presented on the date so fixed by the Court by which the plaint was returned.

 

(5) Where the application made by the plaintiff under sub-rule (2) is allowed by the Court, the plaintiff shall not be entitled to appeal against the order returning the plaint.

 

1. Ins. by Act No. 104 of 1976 (w.e.f. 1-2-1977).

 

10B. Power of appellate Court to transfer suit to the proper Court

(1) Where, on an appeal against an order for the return of plaint, the Court hearing the appeal confirms such order, the Court of appeal may, if the plaintiff by an application so desires, while returning the plaint, direct plaintiff to file the plaint, subject to the provisions of the Limitation Act, 1963 (36 of 1963), in the Court in which the suit should have been instituted, (whether such Court is within or without the State in which the Court hearing the appeal is situated), and fit a date for the appearance of the parties in the Court in which the plaint is directed to be filed and when the date is so fixed it shall not be necessary for the Court in which the plaint is filed to serve the defendant with the summons for appearance in the suit, unless that Court in which the plaint is filed, for reasons to be recorded, otherwise directs.

 

(2) The direction made by the Court under sub-rule (1), shall be without any prejudice to the rights of the parties to question the jurisdiction of the Court, in which the plaint is filed, to try the suit.]

 

11. Rejection of plaint

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 a 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 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;

 

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

 

1[(e) where it is not filed in duplicate;

 

3[(f) where the plaintiff fails to comply with the provisions of rule 9];

 

2[Provided that the time fixed by the Court for the correction of the valuation or supplying of the requisite stamp-paper shall not be extended unless the Court, for reasons to be recorded, is satisfied that the plaintiff was prevented by any cause of an exceptional nature from correcting the valuation or supplying the requisite stamp-paper, as the case may be, within the time fixed by the Court and that refusal to extend such time would cause grave injustice to the plaintiff.]

 

HIGH COURT AMENDMENT

 

Andhra Pradesh:-

Same as in Madras.

 

Karnataka:-

In Order VII, in rule 11, for clause (c), substitute the following clause, namely:-

 

“(c) where the relief claimed is properly valued, but the court-fee actually paid is insufficient, and the plaintiff does not make good the deficiency within the time, if any, granted by the Court;” (w.e.f. 30-6-1967)

 

Madras:-

In Order VII, in rule 11, for clause (c), substitute the following clause, namely:-

 

“(c) where the relief claimed is properly valued, but the plaint is written on paper insufficiently stamped, and the plaintiff does not make good the deficiency within the time, if any, granted by the Court;”

 

1. Ins. by Act No. 46 of 1999, section 17 (w.e.f. 1-7-2002).

 

2. Added by Act No. 104 of 1976, sec. 57 (w.e.f. 1-2-1977).

 

3. Clauses (f) and (g) were inserted by Act No. 46 of 1999, section 17 and substituted by Act No 22 of 2002, Section 8 (w.e.f. 1-7-2002).

 

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.

 

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

The rejection of the plaint on any of the grounds herein before mentioned shall not of its own force preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action.

 

HIGH COURT AMENDMENT

 

Bombay.- In Order VII, in rule 13, after the words “hereinbefore mentioned”, insert the words “or on the gounds mentioned in rule 14A(5(a) Order VI”. (w.e.f. 1-10-1983).

Documents relied on in plaint

 

1[14. Production of document on which plaintiff sues or relies

(1) Where a plaintiff sues upon a document or relies upon document in his possession or power in support of his claim, he shall enter such document in a list, and shall produce it in court when the plaint is presented by him and shall, at the same time deliver the document and a copy thereof, to be filed with the plaint.

 

(2) Where any such document is not in the possession or power of the plaintiff, he shall, wherever possible, state in whose possession or power it is.

 

2[(3) A document which ought to be produced in Court by the plaintiff when the plaint is presented, or to be entered in the list to be added or annexed to the plaint but is not produced or entered accordingly, shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit.];

 

(4) Nothing in this rule shall apply to document produced for the cross examination of the plaintiffs witnesses, or, handed over to a witness merely to refresh his memory.]

 

1. Subs, by Act No. 46 of 1999, section 17 (w.e.f. 1-7-2002).

 

2. Sub rule (3) substituted by Act No. 22 of 2002, section 8 (w.e.f. 1-7-2002).

 

1[15. Statement in case of documents not in plaintiff’s possession or power].

 

1. Rule 15 omitted by Act No. 46 of 1999, section 17 (w.e.f. 1-7-2002).

 

16. Suits on lost negotiable instruments.

Where the suit is founded upon a negotiable instrument, and it is proved that the instrument is lost, and an indemnity is given by the plaintiff, to the satisfaction of the Court, against the claims of any other person upon such instrument, the Court may pass such decree as it would have passed if the plaintiff had produced the instrument in Court when the plaint was presented, and had at the same time delivered a copy of the instrument to be filed with the plaint.

 

17. Production of shop-book

(1) Save in so far as is otherwise provided by the Bankers’ Books Evidence Act, 1891 (18of 1891), where the document on which the plaintiff sues is an entry in shop-book or other account in his possession or power the plaintiff shall produce the book or account at the time of filing the plaint, together with a copy of the entry on which he relies.

 

(2) Original entry to be marked and returned—The Court, or such officer as it appoints in this behalf, shall forthwith mark the document for the purpose of identification, and, after examining and comparing the copy with the original, shall, if it is found correct, certify it to be so and return the book to the plaintiff and cause the copy to be filed.

 

HIGH COURT AMENDMENTS

 

Allahabad.-

In Order VII, in rule 17, in sub-rule (2), insert the following proviso, namely:-

“Provided that, if the copy is not written in English or is written in a character other than the ordinary Persian or Nagri character in use, the procedure laid down in Order XIII, rule 12, as to verification shall be followed and in that case the Court or its officer need not examine or compare the copy with the original.”

 

 

Bombay.-

In Order VII, in rule 17, in sub-rule (2), insert the following proviso, namely:-

“Provided that where the entry referred to in this rule is in language other than English or the language of the Court, the plaintiff shall file with the plaint a true copy of the entry together with its translation either in English or in the language of the Court, such translation being verified as regards the correctness by an affidavit of the person making translation:

 

Provided further that the Court may accept a plaint without the translations and permit the party to file the said translation within a time to be fixed by the Court.

 

In either of such cases the Court or its officer need not examine and compare the copy with the original and certify the same to be correct.” (w.e.f. 1-11-1966)

 

Delhi.-

Same as in Punjab.

 

Gujarat.-

Same as in Bombay with the following modifications:-

 

(i) in the first proviso omit the words “English or” and “either in English or”.

 

(ii) omit second proviso.

 

(iii) in the last sentence for the words “In either of such cases”, substitute the words “In such a case”, (w.e.f. 17-8-1961)

 

Himachal Pradesh.-

Same as in Punjab.

 

Karnataka.-

In Order VII, in rule 17, after sub-rule (2), insert the following sub-rule, namely:-

 

“(3) Where the document is not in the language of the Court, the Chief Ministerial Officer of the Court shall take the directions of the judge or Presiding Officer of the Court as to whether the procedure prescribed in rule 12 of Order XIII, of this Code shall be followed.” (w.e.f. 30-3-1967)

 

 

Punjab.-

In Order VII, in rule 17, after sub-rule (2), insert the following Explanation, namely:-

 

“Explanation.-When a shop-book or other account written in a language other than English or the language of the Court is produced with a translation or transliteration of the relevant entry the party producing it shall not be required to present a separate affidavit as to the correctness of the translation of transliteration, but shall add a certificate on the document itself, that it is a full and true translation or transliteration of the original entry, and no examination or comparison by the ministerial officer shall be required except by a special order of the Court.”

 

 

1[18. Inadmissibility of document not produced when plaint filed.].

 

HIGH COURT AMENDMENTS

 

Allahabad.-

In Order VII, after rule 18, insert the following rules, namely:-

“19. Every plaint or original petition shall be accompanied by a proceeding giving an address written in Hindi written in Devnagri script at which service of notice, summons or other process may be made on the plaintiff or petitioner. Plaintiffs or petitioners subsequently added shall, immediately on being so added, file a proceeding of this nature.

 

20. An address for service filed under the preceding rule shall be within the local limits of the District Court within which the suit or petition is filed, or of the District Court within which the party ordinarily resides, if within the limits of the State of Uttar Pradesh.

 

21. Where a plaintiff or petitioner fails to file an address for service, he shall be liable to have his suit dismissed or his petition rejected by the Court suo motu or any party may apply for an order to that effect, and the Court may make such order as it thinks just.

 

22. Where a party is not found at the address given by him for service and no agent or adult male member of his family on whom a notice or process can be served, is present, a copy of the notice or process shall be affixed to the outer door of the house. If on the date fixed such party is not present another date shall be fixed and a copy of the notice, summons or other process shall be sent to the registered address by registered post, and such service shall be deemed to be as effectual as if the notice or process had been personally served.

 

23. Where a party engages a pleader, notices or processes for service on him shall be served in the manner prescribed by Order III, Rule 5, unless the Court directs service at the address for service given by the party.

 

24. A party who de
sires to change the address for service given by him as aforesaid shall file a verified petition, and the Court may direct the amendment of the record accordingly. Notice of such petition shall be given to such other parties to the suit as the court may deem it necessary to inform, and may be either served upon the pleaders for such parties or be sent to them by registered post, as the Court thinks fit.

 

25. Nothing in these rules shall prevent the Court from directing the service of a notice or process in any other manner, if, for any reasons, it thinks fit to do so.”

 

Bombay.-

In Order VII, after rule 18, insert the following rules, namely:-

 

19. Address to be filed with plaint or original petition.-

 

(1) Every plaint or original petition shall be accompanied by a memorandum in writing giving an address at which service of notice, or summons or other process may be made on the plaintiff or petitioner. Plaintiffs or petitioners subsequently added shall, immediately on being so added, file a memorandum in writing of this nature.

 

(2). This address shall be called the “registered address”, and it shall, subject to rule 24 of this Order, hold good in all proceedings in the suit and in appeals and also for a further period of six years from the date of final decision for all purposes including those of execution.

 

20. Nature of address to be filed.-

The registered address filed under the preceding rule shall be within the local limits of the District Court within which the suit or petition is filed or, if a party cannot conveniently give an address as aforesaid at a place where the party ordinarily resides.

 

21. Consequences of failure to file address.-

(1) Where a plaintiff or petitioner after being required to file the registered address within a specified time, fails to file the registered address, he shall be liable to have his plaint or petition rejected by the Court suo motu, or any party may apply for an order to that effect, and the Court may make such order as it thinks just.

 

(2) When default may be condoned.-

Where a plaint or petition is rejected under sub-rule (1), the plaintiff or the petitioner may apply for an order to set aside the rejection and, it he files a registered address and satisfies the Court that he was prevented by any sufficient cause from filing a registered address at proper time, the Court shall set aside the rejection on such terms as to costs or otherwise as it deems fit and shall appoint a date for proceeding with the suit or petition.

 

22. Procedure when party not found at the place of registered address.-

Where a party is not found at the registered address and no agent or adult male member of his family on whom a notice or process can be served is present, a copy of the notice or process shall be affixed to the outer door of the house. If on the date fixed such party is not present, another date shall be fixed and a copy of the notice, summons or other process shall be sent to the registered address of that party by registered post pre-paid for acknowledgement (which payment shall be made within one month from the date originally fixed for hearing) and such service shall be deemed to be as effectual as if the notice or process had been personally served.

 

23. Service of process where party engages a pleader.-

Where a party engages a pleader, notice or process on him shall be served in the manner prescribed by Order III, Rule 5, unless the Court directs service at the registered address of the party.

 

24. Change o
f registered address.-

A party who desires to change the registered address given by him as aforesaid shall file a fresh memorandum in writing to this effect, and the Court may direct the amendment of the record accordingly. Notice of such memorandum shall be given to such other parties as the Court may deem it necessary to inform, and may be served either upon the pleaders of such parties or be sent to them by registered post pre-paid for acknowledgment as the Court thinks fit.

 

25. Rule not binding on Court.-

Nothing in rules 19, 22, 23 and 24 of this Order shall prevent the Court from directing the service of a notice or process in any other manner, if, for any reasons, it thinks fit to do so.

 

26. Applicability to notice under Order XXI, rule 22.-

Nothing in rules 19, 22, 23 and 24 of this Order shall apply to the notice prescribed by clause (b) of sub-rule (i) of rule 22 of Order XXI of this Code.”

 

Delhi and Himachal Pradesh.-

Same as in Punjab except, that for Himachal Pradesh in rule 20 for the words “High Court of Judicature at Lahore”, substitute the words “Judicial Commissioner Court, Himachal Pradesh”.

 

Gujarat.-

In Order VII, after rule 18, insert the following rules, namely:-

 

“19. Address to be filed with plaint or original petition.-

Every plaint or original petition shall be accompanied by a memorandum in writing giving an address at which service of notice, or summons or other process may be made on the plaintiff or petitioner. Plaintiffs or petitioners subsequently added shall immediately on being so added, file a memorandum in writing of this nature. The address so given shall hold good throughout interlocutory proceedings and appeals and also for a further period of two years from the date of the final decision and for all purposes including those of execution.

 

20. Nature of address to be filed.-

An address for service filed under the preceding rule shall be within the local limits of the District Court within which the suit or petition is filed, or if he cannot conveniently give an address as aforesaid, at the place where a party ordinarily resides.

 

21. Consequences of failure to file address.-

Where a plaintiff or petitioner fails to file an address for service he shall be liable to have his suit dismissed or his petition rejected by the Court suo motu, or any party may apply for an order to that effect, and the Court may make such order as it thinks just.

 

22. Procedure when party is not found at the place of address.-

Where a party is not found at the address given by him for service and no agent or adult male member of his family on whom a notice or process can be served, is present, a copy of the notice or process shall be affixed to the outer door of the house. If on the date fixed such party is not present another date shall be fixed and a copy of the notice, summons or other process shall be sent to the address supplied by that party by registered post pre-paid for acknowledgment (hich pre-payment shall be made within one month from the date originally fixed for hearing) and such service shall be deemed to be as effectual as if the notice or process had been personally served.

 

23. Service of notice on pleaders.-

Where a party engages a pleader, notice or process on him shall be served in the manner prescribed by Order 3, rule 5 unless the Court directs service at the address for service given by the party.

 

24. Change of the registered address.-

A party who desires to change the address for service given by him as aforesaid shall file a fresh memorandum in writing to this effect and the Court may direct the amendment of the record accordingly. Notice of such memorandum shall be given to such other parties to the suit as Court may deem it necessary to inform and may be served either upon the pleaders for such parties or be sent to them by registered post, as the Court thinks fit

 

25. Service of notice or process in any other manner.-

Nothing in these rules shall prevent the Court from directing the service of a notice or process in any other manner, if for any reasons, it thinks fit to do so.

 

26. Applicability of notice under Order XXI, rule 22.-

Nothing in these rules shall apply to the notice prescribed by Order XXI, rule 22.” (w.e.f. 17-8-1961)

 

Madhya Pradesh.-

In Order VII, after rule 18, insert the following rules, namely:-

“19. Registered address.-

 

Every plaint or original petition shall be accompanied by a memorandum giving an address at which service of process may be made on the plaintiff or the petitioner. The address shall be within the local limits of the Civil District in which the plaint or original petition is filed or, if an address within such Civil District cannot conveniently be given, within the local limits of the Civil District in which the party ordinarily resides.

 

This address shall be called ‘registered address’ and it shall hold good throughout interlocutory proceedings and appeals and also for a further period of two years from the date of final decision and for all purposes including those of execution.

 

20. Registered address by a party subsequently added as plaintiff or petitioner.-

 

Any party subsequently added as plaintiff or petitioner shall in like manner file a registered address at the time of applying or consenting to be joined as plaintiff or petitioner.

 

21. Consequence of non-filing of registered address.-

(1) If the plaintiff or the petitioner fails to file a registered address as required by rule 19 or 20, he shall be liable, at the discretion of the Court, to have his suit dismissed or his petition rejected.

And order under this rule may be passed by the Court suo motu or on the application of any party.

 

22. Affixing of process and its validity.-

Where the plaintiff or the petitioner is not found at his registered address and no agent or adult male member of his family on whom a process can be served is present, a copy of the process shall be affixed to the outer door of the house and such service shall be deemed to be as effectual as if the process had been personally served.

 

23. Change of registered address.-

A plaintiff or petitioner who wishes to change his registered address shall file a verified petition and the Court shall direct the amendment of the record accordingly. Notice of such petition shall be given to such other parties to the suit or proceedings as the Court may deem it necessary to inform.”

 

Patna.-

In Order VII, after rule 18, insert the following rules, namely:-

 

“19. Every plaint or original petition shall be accompanied by a statement giving an address at which service of notice, summons or other process may be made on the plaintiff or petitioner, and every plaintiff or petitioner subsequently added, shall, immediately on being so added, file a similar statement.

 

20. An address for service filed under the preceding rule s
hall state the following particulars:-

 

(1) the name of the street and number of the house (if in a town);

 

(2) the name of the town or village;

 

(3) the post office;

 

(4) the district; and

 

(5) the munsiff (if in Bihar) or the District Court (if outside Bihar).

 

21. Where a plaintiff or petitioner fails to file an address for service, he shall be liable to have his suit dismissed or his petition rejected by the Court suo motu, or any party may apply for an order to that effect, and the Court may make such order as it thinks just.

 

22. A party who desires to change the address for service given by him as aforesaid shall file a verified petition, and the Court may direct the amendment of the record accordingly. Notice of such petition shall be given to such other parties to the suit as the Court may deem it necessary to inform, and may be either served upon the pleader for such parties or be sent to them by registered post, as the Court thinks fit.”

 

Punjab.-

 

In Order VII, after rule 18, insert the following rules, namely:-

 

“19. Every plaint or original petition shall be accompanied by a proceeding giving an address at which service of notice, summons or other process may be made on the plaintiff or petitioner. Plaintiffs or petitioners subsequently added, shall, immediately on being so added, file a proceeding of this nature.

 

20. An address for service filed under the preceding rule shall be within the local limits of the District Court within which the suit or petition is filed, or of the District Court within which the party ordinarily resides, of within the limits of the territorial jurisdiction of the High Court of Judicature at Lahore (now Punjab and Haryana High Court).

 

21. Where a plaintiff or petitioner fails to file an address for service, he shall be liable to have his suit dismissed or his petition rejected by the Court suo motu or any party may apply for an order to that effect, and the Court may make such order as it thinks just.

 

22. Where a party is not found at the address given by him for service and no agent or adult male member of his family on whom a notice summons or other process can be served is present, a copy of the notice, summons or other process shall be affixed to the outer door of the house. If on the date fixed such party is not present, another date shall be fixed and a copy of the notice, summons or other process shall be sent to the registered address by registered post, and such service shall deemed to be as effectual as if the notice, summons or other process had been personally served.

 

23. Where a party engages a pleader, notices, summons or other process for service on him shall be served in the manner prescribed by Order Til, rule 5 unless the Court directs service at the address for service given by the party.

 

24. A party who desires to change the address for service given by him as aforeraid shall file a verified petition, and the Court may direct the amendment of the record accordingly. Notice of such petition shall be given to such other parties to the suit as the Court may deem it necessary to inform, and may be either served upon the pleaders for such parties or be sent to them by registered post, as the Court thinks fit.

 

25. Nothing in these rules shall prevent the Court from directing the service of a notice summons or other process in any other manner, if, for any reasons, it thinks fit to do so.”

 

Rajasthan.-

 

In Order VII, after
rule 18, insert the following rules, namely:-

 

“19. (A) Every plaint or original petition shall be accompanied by a memorandum giving an address at which service of process may be made on the plaintiff or petitioner. Plaintiffs or petitioners subsequently added shall, immediately on being so added, file a memorandum of this nature.

 

(B) This address shall be called the registered address and it shall hold good throughout interlocutory proceedings and appeals and also for a further period of two years from the date of final decision and for all purposes including those of execution.

 

20. An address for service filed under the preceding rule shall be within the local limits of the District Court within which the suit or petition is filed, or of the District Court within which the party ordinarily resides, if within the limits of Rajasthan.

 

21. (1) Where a plaintiff or petitioners fails to file an address for service, he shall be liable to have his suit dismissed or his petition rejected by the Court suo motu or any party may apply for an order to that effect, and the Court may make such order as it thinks just.

 

(2) Where a suit is dismissed or a petition rejected under sub-rule (1) the plaintiff or the petitioner may apply for an order to set the dismissal or the rejection aside and if he files a registered address and satisfies the Court that he was prevented by any sufficient cause from filing the registered address at the proper time, the Court shall set aside the dismissal or the rejection upon such terms as to costs or otherwise as it think is fit and shall appoint a day for proceeding with the suit or petition.

 

22. Where a party is not found at the address given by him for service and no agent or adult male member of his family on whom a process can be served, is present, a copy of the process shall be affixed to the outer door of the house. If on the date fixed, such party is not present and the process is not declared by the Court under rule 19 of Order 5, to have been duly served, another date shall be fixed and a copy of the process shall be sent to the registered address by registered post, and such service shall be deemed to be as effectual as if the process had been personally served.

 

23. Where a party engages a pleader, process for service on him shall be served in the manner prescribed by Order 3, rule 5, unless the Court directs service at the address for service given by the party.

 

24. A party who desires to change the address for service given by him as aforesaid shall file a verified petition and the Court may direct the amendment of the record accordingly- Notice of such petition shall be given to such other parties to the suit as the Court may deem it necessary to inform, and may be either served upon the pleaders for such parties or be sent to them by registered post, as the Court thinks fit

 

25. Nothing in these rules shall prevent the Court from directing the service of a process in any other manner, if for any reasons it thinks fit to do so.” (w.e.f. 24-7-1954)

 

1. Rule 18 was amended by Act No. 46 of 1999, section 17 and now has been omitted by Act No. 22 of 2002, Section 8 (w.e.f. 1-7-2002).

 

 

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Civil Procedure Code 1908

 

Indian Laws – Bare Acts

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