It can be divided into short paragraph. It provides what particulars must be in the plaint. Note:-place for number should be left blank, which will be filled by the court officials. In that case, the plaint will be rejected. Application for the rejection of the plaint can be in instituted at any time, even after the issues have been solidified in the said plaint.
Thus it is said that no amount of evidence, on a plea that is not put forward in the pleadings, can be looked into to grant any relief. Kenya Law Resource Center is published as an information resource only. The rest of the draft will be as usual as per requirement of law. There are 2 types of facts. Once the appellate court finds out that the trial court decided on the civil suit without proper jurisdiction, such decision would be nullified. The main object to mention the date of cause of action is to ascertain whether the suit is within limitation or not. The defendant in an action or suit.
The primary objective behind this is to determine the period of limitation. In case the plaintiff is not present due to any legitimate reason, then the signature of an authorized representative would suffice. A complaint; a form of action, particularly one for setting aside a testament alleged to be invalid. Note:- Plaintiff may be one or more and addresses may be different, true details of each of the plaintiff should be given. However, if the requisite Court fee is paid within the time extended by the Court, the suit or appeal must be treated as instituted from the date of presentation of plaint or memorandum of appeal for the purpose of limitation as well as payment of Court fee Sec. This plaintiff has not filed any suit or petition in any Court or Tribunal against the defendant for the specific performance.
Rule 12 Procedures on Rejection of Plaint: Where a plaint is rejected by the Court, the Judge will pass the order to that effect and will record the reason for it. The verification can only be done before a competent ourt or in front of an Oath Commissioner. 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. 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. Where the notice of the date for appearance is given under sub-rule a It shall not be necessary for the Court in which the plaint summons for appearance in the suit, unless that Court, for reasons to be recorded, otherwise direct, and b The said notice shall be deemed to be 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. Illustrations a A is a tradesman in Calcutta, B carries on business in Delhi.
Rule 10-A: Lays down the procedure to be followed by the Court before the plaint is ordered to be returned, to be presented to the proper Court. We need to distinguish evidence of facts from the facts themselves. This basic principle of law must be in mind while drafting or preparing a plaint. Where rejection of plaint does not preclude presentation of fresh plaint. Venkatachalam held that in the considering the question whether the suit is properly valued or not, the Court must confine its attention to the plaint only and should not look at the other circumstances which may subsequently influence the judgement of the Court as to the true value of the relief prayed for. The Supreme Court in Arivandanam vs.
In order to have a fair trial it is imperative that the party should state the essential facts so that other party may not be taken by surprise. A cause of action must includes some act done by the defendant since in the absence of such an act no cause of action can possibly accrue. Minors cannot sue nor can be sued. Provided that a suit to obtain relief respecting , or compensation for wrong to, immovable property held by or on behalf of the defendant, may where the relief sought can be entirely obtained through his personal obedience be instituted either in the Court within the local limits of whose jurisdiction the property is situate, or in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or personally works for gain. Therefore a Court fee of Rs.
Form of the title is given below: The forms are given in Appendix A of the Code of Civil Procedure. Statement in case of documents not in plaintiff's possession or power Where any such document is not in the possession or power of the plaintiff, he shall, if possible, state in whose possession or power it is. The plaintiff may be minor or a person of unsound mind. Rule 10 1 : Where at any stage of the suit, the Court finds that it has no jurisdiction, either territorial or pecuniary or with regard to the subject matter of the suit, it will return the plaint to be presented to the proper Court in which the suit ought to have been filed. A plaint which is presented to a civil court of appropriate jurisdiction contains everything, including facts to relief that the plaintiff expects to obtain.
It is obvious to know what the evidence is but there are certain facts that are also evidence. The plaint should also be duly verified by the plaintiff. If the plaintiff cannot pay the Court fee, Order 33 provides for continuing the suit as a indigent person. Claimed by the plaintiff is under valued and the valuation is not corrected within the time fixed or extended by the Court, the plaint will be rejected. A private memorial tendered In open court to the judge, wherein the party injured sets forth his cause of action. A may sue B for the price of the goods either in Calcutta, where the cause of action has arisen or in Delhi, where B carries on business.
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 fix 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. It is necessary for every plaint to contain the date when the cause of action arose. This amended plaint cannot be rejected by stating that the averments were not present in the original plaint. It must be claimed properly and accurately. A may sue B and C at Benaras, where the cause of action arose. Every plaint must state specifically the kind of relief asked for, be it in the form of damages, specific performance or injunction or damages of any other kind.