LEXIS AND COMPANY

  Order 7 CPC Description 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 th

  Order 6 CPC Description Order VI PLEADINGS GENERALLY 1. Pleading "Pleading", shall mean plaint or written statement. 1[2. Pleading to state material facts and not evidence (1) Every pleading shall contain, and contain only a statement in a concise form of the material facts on which the party pleading relies for his claim or defence as the case may be, but not the evidence by which they are to be proved. (2) Every pleading shall, when necessary, be divided into paragraphs, numbered consecutively, each allegation being, so far as is convenient, contained in a separate paragraph. (3) Dates, sums and numbers shall be expressed in a pleading in figures as well as in words.] 1. Subs, by Act No. 104 of 1976, sec. 56, for rule 2 (w.e.f. 1-2-1977). 3. Forms of pleading The forms in Appendix A when applicable, and where they are not applicable forms of the like character, nearly as may be, shall be used for all pleadings. 4. Particulars to be given where necessary In all cases in wh

  Order 5 CPC Description Issue of Summons 1 Summons 1[(1) When a suit has been duly instituted, a summons may issued to the defendant to appear and answer the claim and to file the writ statement of his defence, if any, within thirty days from the date of service summons on that defendant; Provided that no such summons shall be issued when a defendant has appeal at the presentation of the plaint and admitted the plaintiff's claim : Provided further that where the defendant fails to file the written statement wit! the said period of thirty days, he shall be allowed to file the same on such other days as may be specified by the Court for reasons to be recorded in writing, but whi shall not be later than ninety days from the date of service of summons.;] (2) A defendant to whom a summons has been issued under sub-rule (1) m appear? (a) in person, or (b) by a pleader duly instructed and able to answer all material questions relati to the suit, or (c) by a pleader accompanied by some p