Full physical source page · unreviewed extraction

The Code of Civil Procedure, 1908: page 104

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 104, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

Source: official India Code PDF · catalog record. Fetched 2026-10-19T23:06:46Z. SHA-256 393b8848fdfc476a21cc3abf4f0d3f510557e2dff6fc6914b1f379bea1730614.

Legal currency, territorial applicability and extraction fidelity are unverified. Catalog checksum/size differs from the delivered PDF; both identities are retained. Sections, state notes and footnotes share these physical pages. Compare the full original image.

Retained layout text

        (b) where the relief claimed is undervalued, and the plaintiff, on being required by the Court to
    correct the valuation within a time to be fixed by the Court, fails to do so;
        (c) where the relief claimed is properly valued, but the plaint is returned upon paper insufficiently
    stamped, and the plaintiff, on being required by the Court to supply the requisite stamp-paper within a
    time to be fixed by the Court, fails to do so;
         (d) where the suit appears from the statement in the plaint to be barred by any law;
         1
          [(e) where it is not filed in duplicate;]
         2
          [(f) where the plaintiff fails to comply with the provisions of rule 9:]
    3
     [Provided that the time fixed by the Court for the correction of the valuation or supplying of the
requisite stamp-paper shall not be extended unless the Court, for reasons to be recorded, is satisfied that
the plaintiff was prevented by any cause of an exceptional nature from correcting the valuation or
supplying the requisite stamp-paper, as the case may be, within the time fixed by the Court and that
refusal to extend such time would cause grave injustice to the plaintiff.]
    12. Procedure on rejecting plaint.—Where a plaint is rejected the Judge shall record an order to that
effect with the reasons for such order.
    13. Where rejection of plaint does not preclude presentation of fresh plaint.—The rejection of
the plaint on any of the grounds hereinbefore mentioned shall not of its own force preclude the plaintiff
                                                                            e
from presenting a fresh plaint in respect of the same cause of action.od
                                           Documents relied on in plaint
    4                                                         aC
    [14. Production of document on which plaintiff sues or relies.—(1) Where a plaintiff sues upon a
document or relies upon document in his possession or power in support of his claim, he shall enter such
                                                          di
documents in a list, and shall produce it in Court when the plaint is presented by him and shall, at the
                                                      In
same time deliver the document and a copy thereof, to be filed with the plaint.
    (2) Where any such document is not in the possession or power of the plaintiff, he shall, wherever
possible, state in whose possession or power it is.
    5
     [(3) A document which ought to be produced in Court by the plaintiff when the plaint is presented, or
to be entered in the list to be added or annexed to the plaint but is not produced or entered accordingly,
shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit.]
    (4) Nothing in this rule shall apply to document produced for the cross-examination of the plaintiffs
witnesses, or handed over to a witness merely to refresh his memory.]
   15. [Statement in case of documents not in plaintiff’s possession or powers.] omitted by Act 46 of
1999, s. 17 (w.e.f. 1-7-2002).
    16. Suits on lost negotiable instruments.—Where the suit is founded upon a negotiable instrument,
and it is proved that the instrument is lost, and an indemnity is given by the plaintiff, to the satisfaction of
the Court, against the claims of any other person upon such instrument, the Court may pass such decree as
it would have passed if the plaintiff had produced the instrument in Court when the plaint was presented,
and had at the same time delivered a copy of the instrument to be filed with the plaint.
    17. Production of shop-book.—(1) Save in so far as is otherwise provided by the Bankers’ Books Evidence
Act, 1891 (XVIII of 1891), where the document on which the plaintiff sues is an entry in a shop-book or other
account in his possession or power, the plaintiff shall produce the book or account at the time of filing the plaint,
together with a copy of the entry on which he relies.




1. Ins. by Act 46 of 1999, s. 17 (w.e.f. 1-7-2002).
2. Subs. by Act 22 of 2002, s. 8, for sub-clauses (f) and (g) (w.e.f. 1-7-2002).
3. Added by Act 104 of 1976, s. 57 (w.e.f. 1-2-1977).
4. Subs. by Act 46 of 1999, s. 17, for rule 14 (w.e.f. 1 -7-2002).
5. Subs. by Act 22 of 2002, s. 8, for sub-rule (3) (w.e.f. 1-7-2002).

                                                          104

Compare original page image