In light of Judicial Pronouncements, if available, explain Order VII Rule 1 of Code of Civil Procedure, 1908.
CS Professional · Drafting, Pleadings and Appearances · PYQS · December 2022
In light of Judicial Pronouncements, if available, explain Order VII Rule 1 of Code of Civil Procedure, 1908.
Answer & Explanation:
Order VII Rule 1 of Code of Civil Procedure, 1908 According to Order VII, Rule 1, the plaint shall contain the following particulars: the name of the Court in which the suit is brought; the name, description and place of residence of the plaintiff; the name, description and place of residence of the defendant, so far as they can be ascertained; where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that effect; the facts constituting the cause of action and when it arose; the facts showing that the Court has jurisdiction; the relief which the plaintiff claims; where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed, or relinquished; and 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. Sh. Suresh Kumar Anand v. Sh. Sudhish C. Anand, Delhi District Court (2018) In this case, the plaintiff had filed a lawsuit seeking a mandatory injunction, damages, and mesne profits. The absence of a documented licensing deed was acknowledged by the court while discussing court costs. The plaintiff, the court said, had not complied with the specifics of Order 7 Rule 1 Civil Procedure Code. The market value of the subject property, which is a relevant fact, should have been disclosed.
Topics: Pleadings and Appearances
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