Sections Flashcards
Rejection of plaint
Order VII- , Rule 11.
Elements of a Plaint
Order VII- Plaint, Rules 1 – 9
(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.
Pleadings Generally
Leave to amend
Order VI
Rules 17, 18
Counter claim
Order 8, Rules 6-A-6-G
Set off
Order 8, Rule 6
Proclamation of Sale
Order 21, Rule 66
Interrogatories
(Order XI, Rules 1–11)
Rule 1: Any party can deliver interrogatories with court approval.
Rule 2: Must be clear, concise, and relevant.
Rule 3: Can be objected to if irrelevant, privileged, or oppressive.
Rule 4: Responses must be given via affidavit.
Rule 5: Evasive or incomplete answers can be challenged.
Rule 6: Answers can be used as evidence.
Rule 7: Failure to answer may lead to penalties (striking out pleadings, ex parte decision, contempt).
Rule 8: Court can reject unreasonable interrogatories.
Rule 11: Costs may be imposed for unnecessary interrogatories.
Affidavit Under
Order XIX & Section 139 CPC
Garnishee Order Under CPC
Order XXI, Rules 46–46F
All suits of civil nature
Section 9