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The Code of Civil Procedure, 1908: page 101

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 101, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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                                                             ORDER VII

                                                                 Plaint
     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
                                                                                       e
         (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.
                                                                               od
                                                                       aC
    2. In money suits.—Where the plaintiff seeks the recovery of money, the plaint shall state the precise amount
claimed :
                                                                 di
     But where the plaintiff sues for mesne profits, or for an amount which will be found due to him on taking
                                                            In
unsettled accounts between him and the defendant, 1[or for movables in the possession of the defendant, or for debts
of which the value he cannot, after the exercise of reasonable diligence, estimate, the plaint shall state approximately
the amount or value sued for.]

     *[2A. Where interest is sought in the suit.—(1) Where the plaintiff seeks interest, the plaint shall contain a
statement to that effect along with the details set out under sub-rules (2) and (3).

           (2) Where the plaintiff seeks interest, the plaint shall state whether the plaintiff is seeking interest in
     relation to a commercial transaction within the meaning of section 34 of the Code of Civil
     Procedure, 1908 (5 of 1908) and, furthermore, if the plaintiff is doing so under the terms of a contract or under
     an Act, in which case the Act is to be specified in the plaint; or on some other basis and shall state the basis of
     that.

          (3) Pleadings shall also state—

               (a) the rate at which interest is claimed;

               (b) the date from which it is claimed;

               (c) the date to which it is calculated;

               (d) the total amount of interest claimed to the date of calculation; and
               (e) the daily rate at which interest accrues after that date.]
                                                       STATE AMENDMENT
    Jammu and Kashmir and Ladakh (UTs)―
    In Order VII, after Rule, insert the following Rule, namely:-


1. Subs. by Act 104 of 1976, s. 57, for certain words (w.e.f. 1-2-1977).
* Ins. by Act 4 of 2016, s. 16 and Sch., Shall be applicable to commercial disputes of a Specified Value (w.e.f. 23-10-2015).


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