Order VII Rules 1, 2, 2A, 3, 4, 5 and 6 CPC: Plaint

Order VII Rule 1 CPC Particulars to be contained in plaint

The plaint must contain, among other things:

(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 ascertainable;
(d) a statement where the plaintiff or defendant is a minor or a person of unsound mind;
(e) the facts constituting the cause of action and when it arose;
(f) the facts showing that the Court has jurisdiction;
(g) the relief claimed by the plaintiff;
(h) where a set-off has been allowed or part of the claim relinquished, the amount so allowed or relinquished; and
(i) the value of the subject-matter for jurisdiction and court-fee purposes, so far as the case admits.

Order VII Rule 2 CPC In money suits

Where recovery of money is claimed, the plaint must state the precise amount sought.

Where the claim is for mesne profits, an amount to be ascertained on unsettled accounts, movables in the defendant's possession, or debts whose value cannot be estimated despite reasonable diligence, the plaint may state approximately the amount or value sued for.

Order VII Rule 2A CPC Where interest is sought in the suit

In a commercial dispute of specified value, where the plaintiff claims interest, the plaint must expressly state that interest is claimed and provide the prescribed particulars.

The plaint should state whether the interest is claimed in relation to a commercial transaction within the meaning of section 34 CPC and whether the claim is based on a contract, an enactment, or another stated legal basis.

The pleading must also state the rate of interest claimed, the date from which interest is claimed, the date up to which it is calculated, the total interest claimed up to that date, and the daily rate at which interest continues to accrue thereafter.

Jammu & Kashmir and Ladakh adaptation

The central India Code text also records a corresponding territorial adaptation for the Union Territories of Jammu & Kashmir and Ladakh. That local adaptation should be read with the applicable reorganisation and adaptation orders when proceedings arise within those territories.

Order VII Rule 3 CPC Where the subject-matter is immovable property

Where the suit concerns immovable property, the plaint must contain a description sufficient to identify the property. If the property can be identified by boundaries or by numbers in a settlement or survey record, those boundaries or numbers must be stated.

Order VII Rule 4 CPC When plaintiff sues as representative

Where the plaintiff sues in a representative character, the plaint must show both the plaintiff's actual existing interest in the subject-matter and that any steps required to enable the plaintiff to institute the suit in that representative capacity have been taken.

Order VII Rule 5 CPC Defendant's interest and liability to be shown

The plaint must show that the defendant is, or claims to be, interested in the subject-matter and that the defendant is liable to be called upon to answer the plaintiff's demand.

Order VII Rule 6 CPC Grounds of exemption from limitation law

Where the suit is instituted after expiry of the limitation period, the plaint must state the ground on which exemption from the law of limitation is claimed.

The Court may permit the plaintiff to rely on a ground of exemption not originally stated in the plaint, provided that the additional ground is not inconsistent with the grounds already pleaded.