Institution of a Suit

Filing of Plaint (Order VII)

Contents of Plaint

A plaint is the statement of claim filed by the plaintiff. According to Order VII, it must include:

Name of the court and parties
Facts constituting the cause of action
Jurisdictional facts
Relief claimed
Verification by the plaintiff

Rejection of Plaint (Order VII Rule 11)

The court shall reject a plaint in the following cases:

Where it does not disclose a cause of action
Where the relief claimed is undervalued and not corrected
Where the plaint is barred by law
Where it is not filed in duplicate or lacks necessary documents

Example: If a plaint is filed for a time-barred debt, it may be rejected under Order VII Rule 11(d).

Summons to Defendant (Order V)

Purpose and Issuance of Summons

A summons is a legal notice issued by the court to the defendant to appear and answer the claim. It must specify the date of appearance and include a copy of the plaint.

Service of Summons

Summons may be served through:

Personal delivery (Dasti)
Registered post or courier
Electronic means (in some cases)
Substituted service (Order V Rule 20), if normal service fails

Example: If the defendant cannot be found, the court may order service by affixing the summons on a visible part of their house.

Appearance of Parties (Order IX)

Consequences of non-appearance

If the plaintiff does not appear on the date fixed, the suit may be dismissed (Order IX Rule 8). If the defendant does not appear, the court may proceed ex parte (Order IX Rule 6).

Example: In an ex parte decree, the court passes judgment in the absence of the defendant if he fails to appear despite proper service of summons.