Admission of Plaint (Order VII Rule 9)

Indian Legal System > Civil Laws > The Code of Civil Procedure > Admission of Plaint (Order VII Rule 9)

The term Plaint has not been defined in the Code. However, it can be defined as a statement of claim by presentation of which the suit is instituted. It is pleading of the plaintiff. Thus, it is a legal document which contains the written statement of the plaintiff’s claim. It is the first step towards the initiation of a suit. Through the help of plaint, the plaintiff narrates or describes the cause of action and related information which is considered as essential from the viewpoint of the suit.  Order VII Rule 9 of the Civil Procedure Code, deals with the admission of plaint.

A plaint, along with a copy thereof for the purpose of drawing up of a decree at the relevant stage, may be presented at any time during the Court hours to the Clerk of the Court or to such Officer as the Court appoints in this behalf under Order IV, Rule Civil Procedure Code, or in the absence of such Officer, to the Judge himself. Immediately after it is presented, the date of presentation shall be endorsed thereon and an acknowledgement thereof shall be given to the party or Advocate presenting it.

Note 1: If a plaint is presented beyond Court hours, it will be in the discretion of the Judge to accept it or not.

Note 2: The officer receiving the plaint is forbidden to refuse to receive plaints, applications, etc., presented to him, on the ground that he is not able, at that time, to check them.

If there are more than one plaintiff who were permitted to file suit but only few of them instituted the suit and remaining joined afterwards, then the suit should be deemed to be instituted on the date of the initial presentation of the plaint.

In Madhaorao v. Mohanlal, AIR 1922 Nag 167 case, the Court held that if a plaint is presented at the residence of Judge after Court hours it is valid.

The next step is the examination of the plaint in order to determine whether it should be admitted; or rejected (Order VII Rule 11); or returned for the presentation to the proper Court (Order VII Rule 10) or after strictly following the procedure envisaged in new Rule 10-A, Order VII of Civil Procedure Code, as amended by Act, 104 of 1976 or returned for amendment on the ground that it is not framed as required by the law.

Examination of the Plaint Before Admission by the Court:

On the presentation or receipt of a plaint, the Court should examine it with special reference to the following points:

1. whether the plaint contains the particulars specified in Order VII, Rule 1, and conforms to the other rules of pleadings in Orders VI and VII and rules made by the High Court thereunder;
2. whether the plaintiff has filed the names and address of the parties in the prescribed form in the Title;
3. whether the plaint is duly signed and verified (Order VI Rules 14 and 15);
4. whether it complies with the requirements of Order VII Rules 2, 4, and 6;
5. whether it is properly valued and stamped;
6. if the suit is with respect to agricultural land, then whether a certified copy of extract of Record of Rights is produced or not or when the suit is for immovable property other than agricultural land, then whether extract of City Survey is produced or not;
7. whether the provisions of Order II, Rules 4 and 5 are infringed.
8. whether necessary court fees have been paid;
9. whether necessary postal service charges for service of summons on defendants is paid;
10. whether the plaintiff has attached documents related to suits in his possession and powers to the plaint (if any) accompanied by lists in the prescribed form and are in order;
11. whether the plaintiff has stated in his plaint regarding the documents on which he relates his claim and are not in his possession and a statement in whose possession or power they are;
12. whether the grounds disclosing how the suit claim is within limitation are pleaded properly;
13. whether the suit is within the jurisdiction of the Court or must be returned for presentation to proper Court (Order VII, Rule 10);
14. whether the provisions of Rules 2 and 4 of Order III as to production of a power of attorney and Vakalatnama with the plaint are complied with or not.
15. whether the plaintiff has filed a proceeding containing his address for service during the litigation as required by Rule 19 of Order VII, Order Vi Rule 14-A;
16. whether there is prima facie, any non-joinder or mis-joinder of parties, or mis-joinder of causes of action;
17. whether any of the parties to the suit are minors and, if so, whether they are properly represented;
18. whether the plaint is liable to be rejected for any of the reasons given in Order VII, Rule 11;
19. in money suits, whether the plaintiff has stated the precise amount he claims;
20. whether local jurisdiction and pecuniary Jurisdiction of the filing Court is as per rules.

Order VII Rule 9 provides for the admission of plaint. It states that 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 along with requisite fee for service of summons on the defendants.

It simply requires the plaintiff to file copies of the plaint and pay requisite court fees for the service of summons and the defendants within 7 days. The chief ministerial officer of the Court shall sign such list and copies or statements if, on examination, he finds them to be correct.

Conclusion:

The plaintiff shall endorse on the plaint, or annex thereto, a list of the documents (if any) which he has produced along with it. On admission of plaint the plaintiff shall present, within such time as may be fixed by the Court or extended by it from time to time, as many copies on plain paper of the plaint as there are defendants, unless the Court by reason of the length of the plaint or the number of the defendants, or for any other sufficient reason, permits him 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 statements.