ORDER V

Issue and service of summons Issue of

Summons
1. Summons.—1[(1) When a suit has been duly instituted, a summons may be issued to the defendant to appear
and answer the claim and to file the written statement of his defence, if any, within thirty days from the date of
service of summons on that defendant:

Provided that no such summons shall be issued when a defendant has appeared at the presentation of plaint and
admitted the plaintiff’s claim:

*[Provided further that where the defendant fails to file the written statement within the said period of thirty
days, he shall be allowed to file the written statement on such other day, as may be specified by the Court, for
reasons to be recorded in writing and on payment of such costs as the Court deems fit, but which shall not be later
than one hundred twenty days from the date of service of summons and on expiry of one hundred twenty days from
the date of service of summons, the defendant shall forfeit the right to file the written statement and the Court shall
not allow the written statement to be taken on record.]

(2) A defendant to whom a summons has been issued under sub-rule (1) may appear—

(a) in person, or

(b) by a pleader duly instructed and able to answer all material questions relating to the suit, or

(c) by a pleader accompanied by some person able to answer all such questions.

(3) Every such summons shall be signed by the Judge or such officer as he appoints, and shall be sealed
with the seal of the Court.
1
[2. Copy of plaint annexed to summons.—Every summon shall be accompanied by a copy of the plaint.]
3. Court may order defendant or plaintiff to appear in person.—(1) Where the court sees reason to require
the personal appearance of the defendant, the summons shall order him to appear in person in Court on the day
therein specified.

(2) Where the Court sees reason to require the personal appearance of the plaintiff on the same day, it shall
make an order for such appearance.
4. No party to be ordered to appear in person unless resident within certain limits.—No party shall be
ordered to appear in person unless he resides—
(a) within the local limits of the Court’s ordinary original jurisdiction, or

(b) without such limits but at place less than fifty or (where there is railway or steamer communication or
other established public conveyance for five-sixths of the distance between the place where he resides and the
place where the Court is situate) less than two hundred miles distance from the court-house.
5. Summons to be either to settle issues or for final disposal.—The Court shall determine, at the time of
issuing the summons, whether it shall be for the settlement of issues only, or for the final disposal of the suit; and
the summons shall contain a direction accordingly:

Provided that, in every suit heard by a Court of Small Causes, the summons shall be for the final disposal of
the suit.
6. Fixing day for appearance of defendant.—The day 2[under sub-rule (1) of rule 1] shall be fixed with
reference to the current business of the Court, the place of residence of the defendant and the time necessary for the
service of the summons; and the day shall be so fixed as to allow the defendant sufficient time to enable him to
appear and answer on such day.

7. Summons to order defendant to produce documents relied on by him.—The summons to appear and
answer shall order the defendant to produce 3[all documents or copies thereof specified in rule lA of Order VIII]
in his possession or power upon which he intends to rely in support of his case.

8. On issue of summons for final disposal, defendant to be directed to produce his witnesses.—Where the
summons is for the final disposal of the suit, it shall also direct the defendant to produce, on the day fixed for his
appearance, all witnesses upon whose evidence he intends to rely in support of his case.

Service of summons
4
[9. Delivery of summons by Court.—(1) Where the defendant resides within the jurisdiction of the Court in which
the suit is instituted, or has an agent resident within that jurisdiction who is empowered to accept the service of the
summons, the summons shall, unless the Court otherwise directs, be delivered or sent either to the proper officer to be
served by him or one of his subordinates or to such courier services as are approved by the Court.

(2) The proper officer may be an officer of a Court other than that in which the suit is instituted, and, where he is
such an officer, the summons may be sent to him in such manner as the Court may direct.

(3) The services of summons may be made by delivering or transmitting a copy thereof by registered post
acknowledgment due, addressed to the defendant or his agent empowered to accept the service or by speed post or by
such courier services as are approved by the High Court or by the Court referred to in sub-rule (1) or by any other means
of transmission of documents (including fax message or electronic mail service) provided by the rules made by the High
Court:

Provided that the service of summons under this sub-rule shall be made at the expenses of the plaintiff.

(4) Notwithstanding anything contained in sub-rule (1), where a defendant resides outside the jurisdiction of the
Court in which the suit is instituted, and the Court directs that the service of summons on that defendant may be made by
such mode of service of summons as is referred to in sub-rule (3) (except by registered post acknowledgment due), the
provisions of rule 21 shall not apply.

(5) When an acknowledgment or any other receipt purporting to be signed by the defendant or his agent is received
by the Court or postal article containing the summons is received back by the Court with an endorsement purporting to
have been made by a postal employee or by any person authorised by the courier service to the effect that the defendant
or his agent had refused to take delivery of the postal article containing the summons or had refused to accept the
summons by any other means specified in sub-rule (3) when tendered or transmitted to him, the Court issuing the
summons shall declare that the summons had been duly served on the defendant:

Provided that where the summons was properly addressed, pre-paid and duly sent by registered post acknowledgment
due, the declaration referred to in this sub-rule shall be made notwithstanding the fact that the acknowledgment having
been lost or mislaid, or for any other reason, has not been received by the Court within thirty days from the date of
issue of summons.

(6) The High Court or the District Judge, as the case may be, shall prepare a panel of courier agencies for the
purposes of sub-rule (1).

9A. Summons given to the plaintiff for service.—(1) The Court may, in addition to the service of summons under
rule 9, on the application of the plaintiff for the issue of a summons for the appearance of the defendant, permit such
plaintiff to effect service of such summons on such defendant and shall, in such a case, deliver the summons to such
plaintiff for service.

(2) The service of such summons shall be effected by or on behalf of such plaintiff by delivering or tendering to the
defendant personally a copy thereof signed by the Judge or such officer of the Court as he may appoint in this behalf and
sealed with the seal of the Court or by such mode of service as is referred to in sub-rule (3) of rule 9.

(3) The provisions of rules 16 and 18 shall apply to a summons personally served under this rule as if the person
effecting service were a serving officer.

(4) If such summons, when tendered, is refused or if the person served refuses to sign an acknowledgment of service
or for any reason such summons cannot be served personally, the Court shall, on the application of the party, re-issue such
summons to be served by the Court in the same manner as a summons to a defendant.]

10. Mode of service.—Service of the summons shall be made by delivering or tendering a copy thereof signed by the
Judge or such officer as he appoints in this behalf, and sealed with the seal of the Court.

11. Service on several defendants.—Save as otherwise prescribed, where there are more defendants than one,
service of the summons shall be made on each defendant.

12. Service to be on defendant in person when practicable, or on his agent. —Wherever it is practicable,
service shall be made on the defendant in person, unless he has an agent empowered to accept service, in which case
service on such agent shall be sufficient.

13. Service on agent by whom defendant carries on business.—(1) In a suit relating to any business or work
against a person who does not reside within the local limits of the jurisdiction of the Court from which the summons
is issued, service on any manager or agent, who, at the time of service, personally carries on such business or work
for such person within such limits, shall be deemed good service.

(2) For the purpose of this rule the master of a ship shall be deemed to be the agent of the owner or charterer.

14. Service on agent in charge in suits for immovable property.—Where in a suit to obtain relief respecting,
or compensation for wrong to, immovable property, service cannot be made on the defendant in person, and the
defendant has no agent empowered to accept the service, it may be made on any agent of the defendant in charge of
the property.
1
[15. Where service may be on an adult member of defendant's family.— Where in any suit the defendant is
absent from his residence at the time when the service of summons is sought to be effected on his at his residence
and there is no likelihood of his being found at the residence within a reasonable time and he has no agent
empowered to accept service of the summons on his behalf, service may be made on any adult member of the
family, whether male or female, who is residing with him.
 Explanation. —A servant is not a member of the family within the meaning of this rule.]

16. Person served to sign acknowledgment.—Where the serving officer delivers or tenders a copy of the
summons to the defendant personally, or to an agent or other person on his behalf, he shall require the signature of
the person to whom the copy is so delivered or tendered to an acknowledgment of service endorsed on the original
summons.

17. Procedure when defendant refuses to accept service, or cannot be found.—Where the defendant or his
agent or such other person as aforesaid refuses to sign the acknowledgment, or where the serving officer, after using
all due and reasonable diligence, cannot find the defendant, 2[who is absent from his residence at the time when
service is sought to be effected on him at his residence and there is no likelihood of his being found at the residence
within a reasonable time] and there is no agent empowered to accept service of the summons on his behalf, nor any
other person on whom service can be made, the serving officer shall affix a copy of the summons on the outer door
or some other conspicuous part of the house in which the defendant ordinarily resides or carries on business or
personally works for gain, and shall then return the original to the Court from which it was issued, with a report
endorsed thereon or annexed thereto stating that he has so affixed the copy, the circumstances under which he did
so, and the name and address of the person (if any) by whom the house was identified and in whose presence
the copy was affixed.

18. Endorsement of time and manner of service.—The serving officer shall, in all cases in which the
summons has been served under rule 16, endorse or annex, or cause to be endorsed or annexed, on or to the original
summons, a return stating the time when and the manner in which the summons was served, and the name and
address of the person (if any) identifying the person served and witnessing the delivery or tender of the summons.

19. Examination of serving officer.—Where a summons is returned under rule 17, the Court shall, if the return
under that rule has not been verified by the affidavit of the serving officer, and may, if it has been so verified, examine
the serving officer on oath, or cause him to be so examined by another Court, touching his proceedings, and may make
such further enquiry in the matter as it thinks fit; and shall either declare that the summons has been duly served or
order such service as it thinks fit.

19A. [Simultaneous issue of summons for service by post in addition to personal service .] Omitted by the Code
of Civil Procedure (Amendment) Act, 1999 (46 of 1999), s. 15 (w.e.f. 1-7-2002).

20. Substituted service.—(1) Where the Court is satisfied that there is reason to believe that the defendant is
keeping out of the way for the purpose of avoiding service, or that for any other reason the summons cannot be
served in the ordinary way, the Court shall order the summons to be served by affixing a copy thereof in some
conspicuous place in the Court-house, and also upon some conspicuous part of the house (if any) in which the
defendant is known to have last resided or carried on business or personally worked for gain, or in such other manner
as the Court thinks fit.
3
[(1A) Where the Court acting under sub-rule (1) orders service by an advertisement in a newspaper, the
newspaper shall be a daily newspaper circulating in the locality in which the defendant is last known to have
actually and voluntarily resided, carried on business or personally worked for gain.]

(2) Effect of substituted service.—Service substituted by order of the Court shall be as effectual as if it had
been made on the defendant personally.

(3) Where service substituted, time for appearance to be fixed.—Where service is substituted by order of the
Court, the Court shall fix such time for the appearance of the defendant as the case may require.

21. Service of summons where defendant resides within jurisdiction of another Court.—A summons may
be sent by the Court by which it is issued, whether within or without the State, either by one of its officers 2[or by
post or by such courier service as may be approved by the High Court, by fax message or by Electronic Mail
service or by any other means as may be provided by the rules made by the High Court] to any Court (not being
the High Court) having jurisdiction in the place where the defendant resides.

22. Service within presidency towns of summons issued by Courts outside.—Where a summons issued by
any Court established beyond the limits of the towns of Calcutta, Madras 3[and Bombay] is to be served within
any such limits, it shall be sent to the Court of Small Causes within whose jurisdiction it is to be served.

23. Duty of Court to which summons is sent.—The Court to which a summons is sent under rule 21 or rule 22
shall, upon receipt thereof, proceed as if it had been issued by such Court and shall then return the summons to the
Court of issue, together with the record (if any) of its proceedings with regard thereto.

24. Service on defendant in prison.—Where the defendant is confined in a prison, the summons shall be
delivered or sent 3[or by post or by such courier service as may be approved by the High Court, by fax message
or by Electronic Mail service or by any other means as may be provided by the rules made by the High Court] to the
officer in charge of the prison for service on the defendant.

25. Service where defendant resides out of India and has no agent.—Where the defendant resides out of
4
[India] and has no agent in 5[India] empowered to accept service, the summons shall be addressed to the defendant
at the place where he is residing and sent to him 3[or by post or by such courier service as may be approved by the
High Court, by fax message or by Electronic Mail service or by any other means as may be provided by the rules
made by the High Court], if there is postal communication between such place and the place where the Court is
situate:
5
[Provided that where any such defendant 6[resides in Bangladesh or Pakistan], the summons, together with a
copy thereof, may be sent for service on the defendant, to any Court in that country (not being the High Court)
having jurisdiction in the place where the defendant resides :

Provided further that where any such defendant is a public officer 7[in Bangladesh or Pakistan (not belonging to
the Bangladesh or, as the case may be, Pakistan military, naval or air forces)] or is a servant of a railway company
or local authority in that country, the summons, together with a copy thereof, may be sent for service on the
defendant, to such officer or authority in that country as the Central Government may by notification in the Official
Gazette, specify in this behalf.]

8
[26. Service in foreign territory through Political Agent or Court.—Where—

(a) in the exercise of any foreign jurisdiction vested in the Central Government, a Political Agent has been
appointed, or a Court has been established or continued, with power to serve a summons, issued by a Court
under this Code, in any foreign territory in which the defendant actually and voluntarily resides, carries on
 business or personally works for gain, or

(b) the Central Government has, by notification in the Official Gazette, declared in respect of any Court
situate in any such territory and not established or continued in the exercise of any such jurisdiction as
aforesaid, that service by such Court of any summons issued by a Court under this Code shall be deemed to be
valid service,

the summons may be sent to such Political Agent or Court, by post, or otherwise, or if so directed by the Central
Government, through the Ministry of that Government dealing with foreign affairs, or in such other manner as may
be specified by the Central Government for the purpose of being served upon the defendant; and, if the Political
Agent or Court returns the summons with an endorsement purporting to have been made by such Political Agent or
by the Judge or other officer of the Court to the effect that the summons has been served on the defendant in the
manner hereinbefore directed, such endorsement shall be deemed to be evidence of service.

26A. Summonses to be sent to officers to foreign countries.—Where the Central Government has, by
notification in the Official Gazette, declared in respect of any foreign territory that summonses to be served on
defendants actually and voluntarily residing or carrying on business or personally working for gain in that foreign
territory may be sent to an officer of the Government of the foreign territory specified by the Central Government,
the summonses may be sent to such officer, through the Ministry of the Government of India dealing with foreign
affairs or in such other manner as may be specified by the Central Government; and if such officer returns any such
summons with an endorsement purporting to have been made by him that the summons has been served on the
defendant, such endorsement shall be deemed to be evidence of service].

27. Service on civil public officer or on servant of railway company or local authority.—Where the
defendant is a public officer (not belonging to the 1[the Indians] military 2[naval or air] forces 3***), or is the
servant of a railway company or local authority, the Court may, if it appears to it that the summons may be most
conveniently so served, send it for service on the defendant to the head of the office in which he is employed,
together with a copy to be retained by the defendant.

28. Service on soldiers, sailors or airmen.—Where the defendant is a soldier, 4[sailor] 5[or airman], the Court
shall send the summons for service to his commanding officer together with a copy to be retained by the defendant.

29. Duty of person to whom summons is delivered or sent for service.—(1) Where a summons is delivered
or sent to any person for service under rule 24, rule 27 or rule 28, such person shall be bound to serve it if possible,
and to return it under his signature, with the written acknowledgment of the defendant, and such signature shall be
deemed to be evidence of service.

(2) Where from any cause service is impossible, the summons shall be returned to the Court with a full
statement of such cause and of the steps taken to procure service, and such statement shall be deemed to be evidence
of non-service.

30. Substitution of letter for summons.— (1) The Court may, notwithstanding anything hereinbefore
contained, substitute for a summons a letter signed by the Judge or such officer as he may appoint in this behalf, where
the defendant is, in the opinion of the Court, of a rank entitling him to such mark of consideration.
 (2) A letter substituted under sub-rule (1) shall contain all the particulars required to be stated in a summons,
and, subject to the provisions of sub-rule (3), shall be treated in all respects as a summons.

(3) A letter so substituted may be sent to the defendant by post or by a special messenger selected by the Court,
or in any other manner which the Court thinks fit; and, where the defendant has an agent empowered to accept
service, the letter may be delivered or sent to such agent.

ORDER VI

Pleadings generally

1. Pleading.—“Pleading” shall mean plaint or written statement.

1
[2. Pleading to state material facts and not evidence.—(1) Every pleading shall contain only, a statement in
a concise form of the material facts on which the party pleading relies for his claim or defence, as the case may be,
but not the evidence by which they are to be proved.

(2) Every pleading shall, when necessary, be divided into paragraphs, numbered consecutively, each allegation
being, so far as is convenient, contained in a separate paragraph.

(3) Dates, sums and numbers shall be expressed in a pleading in figures as well as in words.]

3. Forms of pleading.—The forms in Appendix A when applicable, and where they are not applicable forms
of the like character, as nearly as may be, shall be used for all pleadings.

3A. Forms of pleading in Commercial Courts.––In a commercial dispute, where forms of pleadings have
been prescribed under the High Court Rules or Practice Directions made for the purposes of such commercial
disputes, pleadings shall be in such forms.

4. Particulars to be given where necessary.—In all cases in which the party pleading relies on any
misrepresentation, fraud, breach of trust, wilful default, or undue influence, and in all other cases in which
particulars may be necessary beyond such as are exemplified in the forms aforesaid, particulars (with dates and
items if necessary) shall be stated in the pleading.

5. [Further and better statement, or particulars.] Omitted by the Code of Civil Procedure (Amendment) Act,
1999 (46 of 1999), s. 16 (w.e.f. 1-7-2002).

6. Condition precedent. —Any condition precedent, the performance or occurrence of which is intended to be
contested, shall be distinctly specified in his pleading by the plaintiff or defendant, as the case may be; and, subject
thereto, an averment of the performance or occurrence of all conditions precedent necessary for the case of the
plaintiff or defendant shall be implied in his pleading.

7. Departure.—No pleading shall, except by way of amendment, raise any new ground of claim or contain any
allegation of fact inconsistent with the previous pleadings of the party pleading the same.

8. Denial of contract.—Where a contract is alleged in any pleading, a bare denial of the same by the opposite
party shall be construed only as a denial in fact of the express contract alleged or of the matters of fact from which the
same may be implied, and not as a denial of the legality or sufficiency in law of such contract.
 9. Effect of document to be stated.—Wherever the contents of any document are material, it shall be sufficient
in any pleading to state the effect thereof as briefly as possible, without setting out the whole or any part thereof,
unless the precise words of the document or any part thereof are material.
10. Malice, knowledge, etc.—Wherever it is material to allege malice, fradulent intention, knowledge or other
condition of the mind of any person, it shall be sufficient to allege the same as a fact without setting out the
circumstances from which the same is to be inferred.
11. Notice.—Wherever it is material to allege notice to any person of any fact, matter or thing, it shall be
sufficient to allege such notice as a fact, unless the form or the precise terms of such notice, or the circumstances
from which such notice is to be inferred, are material.
12. Implied contract, or relation.—Whenever any contract or any relation between any persons is to be implied
from a series of letters or conversations or otherwise from a number of circumstances, it shall be sufficient to allege
such contract or relation as a fact, and to refer generally to such letters, conversations or circumstances without
setting them out in detail. And if in such case the person so pleading desires to rely in the alternative upon
more contracts or relations than one as to be implied from such circumstances, he may state the same in the
alternative.
13. Presumptions of law.—Neither party need in any pleading allege any matter of fact which the law
presumes in his favour or as to which the burden of proof lies upon the other side unless the same has first been
specifically denied (e.g., consideration for a bill of exchange where the plaintiff sues only on the bill and not for the
consideration as a substantive ground of claim).
14. Pleading to be signed.—Every pleading shall be signed by the party and his pleader (if any): Provided that
where a party pleading is, by reason of absence or for other good cause, unable to sign the pleading, it may be
signed by any person duly authorized by him to sign the same or to sue or defend on his behalf
1
[14A. Address for service of notice.—(1) Every pleading, when filed by a party, shall be accompanied by a
statement in the prescribed form, signed as provided in rule 14, regarding the address of the party.
(2) Such address may, from time to time, be changed by lodging in Court a form duly filled up and stating the
new address of the party and accompanied by a verified petition.
(3) The address furnished in the statement made under sub-rule (1) shall be called the “registered address” of
the party, and shall, until duly changed as aforesaid, be deemed to be the address of the party for the purpose of
service of all processes in the suit or in any appeal from any decree or order therein made and for the purpose of
execution, and shall hold good, subject as aforesaid, for a period of two years after the final determination of the
cause or matter.
(4) Service of any process may be effected upon a party at his registered address in all respects as though such
party resided thereat.
(5) Where the registered address of a party is discovered by the Court to be incomplete. false or fictitious, the
Court may, either on its own motion, or on the application of any party, order—
(a) in the case where such registered address was furnished by a plaintiff, stay of the suit, or
(b) in the case where such registered address was furnished by a defendant, his defence be struck
out and he be placed in the same position as if he had not put up any defence.

(6) Where a suit is stayed or a defence is struck out under sub-rule ( 5), the plaintiff or, as the case may be, the
defendant may, after furnishing his true address, apply to the Court for an order to set aside the order of stay or, as the
case may be, the order striking out the defence.

(7) The Court, if satisfied that the party was prevented by any sufficient cause from filing the true address at the
proper time, shall set aside the order of stay or order striking out the defence, on such terms as to costs or otherwise as it
thinks fit and shall appoint a day for proceeding with the suit or defence, as the case may be.

(8) Nothing in this rule shall prevent the Court from directing the service of a process at any other address, if, for any
reason, it thinks fit to do so.]

15. Verification of pleadings.—(1) Save as otherwise provided by any law for the time being in force, every
pleading shall be verified at the foot by the party or by one of the parties pleading or by some other person proved to the
satisfaction of the Court to be acquainted with the facts of the case.

(2) The person verifying shall specify, by reference to the numbered paragraphs of the pleading, what he verifies of
his own knowledge and what he verifies upon information received and believed to be true.

(3) The verification shall be signed by the person making it and shall state the date on which and the place at which it
was signed.

1
[(4) The person verifying the pleading shall also furnish an affidavit in support of his pleadings.

*[15A. Verification of pleadings in a commercial dispute.— (1) Notwithstanding anything contained in Rule 15,
every pleading in a commercial dispute shall be verified by an affidavit in the manner and form prescribed in the
Appendix to this Schedule.

(2) An affidavit under sub-rule (1) above shall be signed by the party or by one of the parties to the proceedings, or
by any other person on behalf of such party or parties who is proved to the satisfaction of the Court to be acquainted with
the facts of the case and who is duly authorised by such party or parties.

(3) Where a pleading is amended, the amendments must be verified in the form and manner referred to in sub-rule (1)
unless the Court orders otherwise.

(4) Where a pleading is not verified in the manner provided under sub-rule (1), the party shall not be permitted to
rely on such pleading as evidence or any of the matters set out therein.

(5) The Court may strike out a pleading which is not verified by a Statement of Truth, namely, the affidavit set out
in the Appendix to this Schedule.]

2
[16. Striking out pleadings.—The Court may at any stage of the proceedings order to be struck out or amended any
matter in any pleading—

(a) which may be unnecessary, scandalous, frivolous or vexatious, of

(b) which may tend to prejudice, embarrass or delay the fair trail of the suit, or

(c) which is otherwise an abuse of the process of the Court.]

3
[17. Amendment of pleadings.—The Court may at any stage of the proceedings allow either party to alter or
amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be
necessary for the purpose of determining the real questions in controversy between the parties:

Provided that no application for amendment shall be allowed after the trial has commenced, unless the Court comes
to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of
trial.

18. Failure to amend after Order.—If a party who has obtained an order for leave to amend does not amend
accordingly within the time limited for that purpose by the order, or if no time is thereby limited then within fourteen
days from the date of the order, he shall not be permitted to amend after the expiration of such limited time as aforesaid
or of such fourteen days, as the case may be, unless the time is extended by the Court.]

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

(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.

2. In money suits.—Where the plaintiff seeks the recovery of money, the plaint shall state the precise amount claimed :

But where the plaintiff sues for mesne profits, or for an amount which will be found due to him on taking 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.]

3. 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.

4. When plaintiff sues as representative.—Where the plaintiff sues in a representative character the plaint shall show not
only that he has an actual existing interest in the subject-matter, but that he has taken the steps (if any) necessary to enable him
to institute a suit concerning it.

5. Defendant’s interest and liability to be shown.—The plaint shall show that the defendant is or claims to be interested
in the subject-matter, and that he is liable to be called upon to answer the plaintiff’s demand.

6. Grounds of exemption from limitation law.—Where the suit is instituted after the expiration of the period prescribed
by the law of limitation, the plaint shall show the ground upon which exemption from such law is claimed :
1
[Provided that the Court may permit the plaintiff to claim exemption from the law of limitation on any ground not set out
in the plaint, if such ground is not inconsistent with the grounds set out in the plaint.]

7. Relief to be specifically stated.—Every plaint shall state specifically the relief which the plaintiff claims either simply
or in the alternative, and it shall not be necessary to ask for general or other relief which may always be given as the Court
may think just to the same extent as if it had been asked for. And the same rule shall apply to any relief claimed by the
defendant in his written statement.

8. Relief founded on separate grounds.—Where the plaintiff seeks relief in respect of several distinct claims or causes of
action founded upon separate and distinct grounds, they shall be stated as far as may be separately and distinctly.
2
[9. Procedure on admitting plaint.—Where the Court orders that the summons be served on the defendants in the
manner provided in rule 9 of Order V, it will direct the plaintiff to present as many copies of the plaint on plain paper as
there are defendants within seven days from the date of such order along with requisite fee for service of summons on the
defendants.]

3
10. Return of plaint.—(1) 4[ Subject to the provisions of rule 10A, the plaint shall] at any stage of the suit
be returned to be presented to the Court in which the suit should have been instituted.
1
[Explanation.— For the removal of doubts, it is hereby declared that a Court of appeal or revision may
direct after setting aside the decree passed in a suit, the return of the plaint under this sub-rule.]

(2) Procedure on returning plaint. —On returning a plaint, the Judge shall endorse thereon the date of its
presentation and return, the name of the party presenting it, and a brief statement of the reasons for returning it.

3
[10A. Power of Court to fix a date of appearance in the Court where plaint is to be filed after its
return.—(1) Where, in any suit, after the defendant has appeared, the Court is of opinion that the plaint
should be returned, it shall, before doing so, intimate its decision to the plaintiff.]

(2) Where an intimation is given to the plaintiff under sub-rule (1), the plaintiff may make an application to
thc Court—

(a) specifying the Court in which he proposes to present the plaint after its return,

(b) praying that the Court may fix a date for the appearance of the parties in the said Court, and

(c) requesting that the notice of the date so fixed may be given to him and to the defendant.

(3) Where an application is made by the plaintiff under sub-rule (2), the Court shall, before returning the
plaint and notwithstanding that the order for return of plaint was made by it on the ground that it has no
jurisdiction to try the suit,—
 (a) fix a date for the appearance of the parties in the Court in which the plaint is proposed to be
presented, and

(b) give to the plaintiff and to the defendant notice of such date for appearance.

(4) Where the notice of the date for appearance is given under sub-rule (3),—

(a) it shall not be necessary for the Court in which the plaint is presented after its return, to serve the
defendant with a summons for appearance in the suit, unless that Court, for reasons to be recorded,
otherwise directs, and

(b) the said notice shall be deemed to be a 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.

(5) 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.

10B. 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.

(2) The direction made by the Court under sub-rule (1) shall be without any prejudice to the rights of the parties
to question the jurisdiction of the Court, in which the plaint is filed, to try the suit.]

11. Rejection of plaint.— The plaint shall be rejected in the following cases:—

(a) where it does not disclose a cause of action;

(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 from presenting a
fresh plaint in respect of the same cause of action.

Documents relied on in plaint

4
[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 documents in a list,
and shall produce it in Court when the plaint is presented by him and shall, at the 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 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.

(2) Original entry to be marked and returned.—The Court or such officer as it appoints in this behalf, shall forthwith
mark the document for the purpose of identification; and, after examining and comparing the copy with the original, shall, if
it is found correct, certify it to be so and return the book to the plaintiff and cause the copy to be filed.

18. [Inadmissibility of document not produced when plaint filed.] omitted by Act 22 of 2002, s. 8 (w. e. f. 1-7- 2002).
 ORDER VIII

1
[Written statement, set-off and counter-claim]

2
[1. Written Statement.—The Defendant shall, within thirty days from the date of service of summons on him,
present a written statement of his defence:

Provided that where the defendant fails to file the written statement within the said period of thirty days, he
shall be allowed to file the same on such other day, as may be specified by the Court, for reasons to be recorded in
writing, but which shall not be later than ninety days from the date of service of summons.]

*[Provided that where the defendant fails to file the written statement within the said period of thirty days, he
shall be allowed to file the written statement on such other day, as may be specified by the Court, for reasons to be
recorded in writing and on payment of such costs as the Court deems fit, but which shall not be later than one
hundred twenty days from the date of service of summons and on expiry of one hundred twenty days from the date
of service of summons, the defendant shall forfeit the right to file the written statement and the Court shall not allow
the written statement to be taken on record.]

3
[1A. Duty of defendant to produce documents upon which relief is claimed or relied upon by him.—(1)
Where the defendant bases his defence upon a document or relies upon any document in his possession or power, in
support of his defence or claim for set-off or counter-claim, he shall enter such document in a list, and shall produce
it in Court when the written statement is presented by him and shall, at the same time, deliver the document and a
copy thereof, to be filed with the written statement.

(2) Where any such document is not in the possession or power of the defendant, he shall, wherever possible,
state in whose possession or power it is.
1
[(3) A document which ought to be produced in Court by the defendant under this rule, but, is not so produced
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 documents—

(a) produced for the cross-examination of the plaintiff's witnesses, or

(b) handed over to a witness merely to refresh his memory.]

1. New facts must be specially pleaded.—The defendant must raise by his pleading all matters which show
the suit not be maintainable, or that the transaction is either void or voidable in point of law, and all such grounds of
defence as, if not raised, would be likely to take the opposite party by surprise, or would raise issues of fact not
arising out of the plaint, as, for instance, fraud, limitation, release, payment, performance, or facts showing
illegality.

2. Denial to be specific.—It shall not be sufficient for a defendant in his written statement to deny generally the
grounds alleged by the plaintiff, but the defendant must deal specifically with each allegation of fact of which he
does not admit the truth, except damages.

*[3A. Denial by the defendant in suits before the Commercial Division of the High Court or the
Commercial Court.— (1) Denial shall be in the manner provided in sub-rules (2), (3), (4) and (5) of this Rule.
 (2) The defendant in his written statement shall state which of the allegations in the particulars of plaint he
denies, which allegations he is unable to admit or deny, but which he requires the plaintiff to prove, and which
allegations he admits.

(3) Where the defendant denies an allegation of fact in a plaint, he must state his reasons for doing so and if he
intends to put forward a different version of events from that given by the plaintiff, he must state his own version.

(4) If the defendant disputes the jurisdiction of the Court he must state the reasons for doing so, and if he is
able, give his own statement as to which Court ought to have jurisdiction.

(5) If the defendant disputes the plaintiff’s valuation of the suit, he must state his reasons for doing so, and if he
is able, give his own statement of the value of the suit.]

3. Evasive-denial.—Where a defendant denies an allegation of fact in the plaint, he must not do so evasively,
but answer the point of substance. Thus, if it is alleged that he received a certain sum of money, it shall not be
sufficient to deny that he received that particular amount, but he must deny that he received that sum or any part
thereof, or else set out how much he received. And if an allegation is made with diverse circumstances, it shall not
be sufficient to deny it along with those circumstances.

4. Specific denial.—1[(1)] Every allegation of fact in the plaint, if not denied specifically or by necessary
implication, or stated to be not admitted in the pleading of the defendant, shall be taken to be admitted except as
against a person under disability:

Provided that the Court may in its discretion require any fact so admitted to be proved otherwise than by such
admission:

*[Provided further that every allegation of fact in the plaint, if not denied in the manner provided under Rule 3A
of this Order, shall be taken to be admitted except as against a person under disability.]
2
[(2) Where the defendant has not filed a pleading, it shall be lawful for the court to pronounce judgment on the
basis of the facts contained in the plaint, except as against a person under a disability, but the Court may, in its
discretion, require any such fact to be proved.

(3) In exercising its discretion under the proviso to sub-rule (1) or under sub-rule (2), the Court shall have due
regard to the fact whether the defendant could have, or has, engaged a pleader.

(4) Whenever a judgment is pronounced under this rule, a decree shall be drawn up in accordance with such
judgment and such decree shall bear the date on which the judgment was pronounced.]

5. Particulars of set-off to be given in written statement.—(1) Where in a suit for the recovery of money the
defendant claims to set-off against the plaintiff's demand any ascertained sum of money legally recoverable by him
from the plaintiff, not exceeding the pecuniary limits of the jurisdiction of the Court, and both parties fill the same
character as they fill in the plaintiff's suit, the defendant may, at the first hearing of the suit, but not afterwards
unless permitted by the Court, presents a written statement containing the particulars of the debt sought to be set-
off.

(2) Effect of set-off.—The written statement shall have the same effect as a plaint in a cross-suit so as to enable
the court to pronounce a final judgment in respect both of the original claim and of the set-off: but this shall not
affect the lien, upon the amount decreed, of any pleader in respect of the costs payable to him under the decree.
 (3) The rules relating to a written statement by a defendant apply to a written statement in answer to a claim of
set-off.
1
[6A. Counter-claim by defendant.—(1) A defendant in a suit may, in addition to his right of pleading a set-
off under rule 6, set up, by way of counter-claim against the claim of the plaintiff, any right or claim in respect
of a cause of action accruing to the defendant against the plaintiff either before or after the filing of the suit but
before the defendant has delivered his defence or before the time limited for delivering his defence has expired,
whether such counter-claim is in the nature of a claim for damages or not:
Provided that such counter-claim shall not exceed the pecuniary limits of the jurisdiction of the court.
(2) Such counter-claim shall have the same effect as a cross-suit so as to enable the Court to pro- nounce a
final judgment in the same suit, both on the original claim and on the counter-claim.
(3) The plaintiff shall be at liberty to file a written statement in answer to the counter-claim of the defendant
within such period as may be fixed by the court.
(4) The counter-claim shall be treated as a plaint and governed by the rules applicable to plaints.
6B. Counter-claim to be stated.— Where any defendant seeks to rely upon any ground as support- ing a right
of counter-claim, he shall, in his written statement, state specifically that he does so by way of counter-claim.
6C. Exclusion of counter-claim.—Where a defendant sets up a counter-claim and the plaintiff con- tends that
the claim thereby raised ought not to be disposed of by way of counter-claim but in an indepen- dent suit, the
plaintiff may, at any time before issues are settled in relation to the counter-claim, apply to the Court for an order
that such counter-claim may be excluded, and the Court may, on the hearing of such application make such order
as it thinks fit.
6D. Effect of discontinuance of suit.— If in any case in which the defendant sets up a counterclaim, the suit of
the plaintiff is stayed, discontinued or dismissed, the counter-claim may nevertheless be proceeded with.
6E. Default of plaintiff to reply to counter-claim.—If the plaintiff makes default in putting in a reply to the
counter-claim made by the defendant, the Court may pronounce judgment against the plaintiff in relation to the
counter-claim made against him, or make such order in relation to the counter-claim as it thinks fit.
6F. Relief to defendant where counter-claim succeeds.—Where in any suit a set-off or counter- claim is
established as a defence against the plaintiff’s claim and any balance is found due to the plaintiff or the
defendant, as the case may be. the Court may give judgment to the party entitled to such balance.
6G. Rules relating to written statement to apply.—The rules relating to a written statement by a defendant
shall apply to a written statement filed in answer to a counter-claim.]
7. Defence or set-off founded upon separate grounds.—Where the defendant relies upon several distinct
grounds of defence or set-off 1[or counter-claim] founded upon separate and distinct facts, they shall be stated, as far
as may be, separately and distinctly.
8. New ground of defence.—Any ground of defence which has arisen after the institution of the suit or the
presentation of a written statement claiming a set-off 1[or counter-claim] may be raised by the defendant or plaintiff,
as the case may be, in his written statement.
8A. [Duty of defendant to produce documents upon which relief is claimed by him.] omitted by Act
46 of 1999, s. 18 (w.e.f. 1-7-2002).
2
[9. Subsequent pleadings.—No pleading subsequent to the written statement of a defendant other than by
way of defence to set-off or counter-claim shall be presented except by the leave of the Court and upon such
terms as the Court thinks fit; but the Court may at any time require a written statement or additional written
statement from any of the parties and fix a time of not more than thirty days for presenting the same.
10. Procedure when party fails to present written statement called for by Court.—Where any party from
whom a written statement is required under rule 1 or rule 9 fails to present the same within the time permitted or
fixed by the Court, as the case may be, the Court shall pronounce judgment against him, or make such order in
relation to the suit as it thinks fit and on the pronouncement of such judgment a decree shall be drawn up:]
*[Provided further that no Court shall make an order to extend the time provided under Rule 1 of this Order for
filing of the written statement.]

ORDER IX

Appearance of parties and consequence of non-appearance

1. Parties to appear on day fixed in summons for defendant to appear and answer.—On the day fixed in
the summons for the defendant to appear and answer, the parties shall be in attendance at the Court-house in person
or by their respective pleaders, and the suit shall then be heard unless the hearing is adjourned to a future day fixed
by the Court.
1
[2. Dismissal of suit where summons not served in consequence of plaintiff's failure to pay costs.—Where
on the day so fixed it is found that summons has not been served upon the defendant in consequence of the failure
of the plaintiff to pay the court-fee or postal charges, if any, chargeable for such service, or failure to present
copies of the plaint as required by rule 9 of Order VII, the Court may make an order that the suit be dismissed:

Provided that no such order shall be made, if notwithstanding such failure, the defendant attends in person or by
agent when he is allowed to appear by agent on the day fixed for him to appear and answer.]

3. Where neither party appears suit to be dismissed.—Where neither party appears when the suit is called
on for hearing, the court may make an order that the suit be dismissed.

4. Plaintiff may bring fresh suit or Court may restore suit to file.—Where a suit is dismissed under rule 2
or rule 3, the plaintiff may (subject to the law of limitation) bring a fresh suit; or he may apply for an order to
set the dismissal aside, and if he satisfies the Court that there was sufficient cause for 2[such failure as is referred to
in rule 2], or for his non-appearance, as the case may be, the Court shall make an order setting aside the dismissal
and shall appoint a day for proceeding with the suit.

5. Dismissal of suit where plaintiff after summons returned unserved, fails for 3[seven days] to apply for
fresh summons. —4[(1) Where after a summons has been issued to the defendant, or to one of several defendants,
and returned unserved, the plaintiff fails, for a period of 1[seven days] from the date of the return made to the Court
by the officer ordinarily certifying to the Court returns made by the serving officers, to apply for the issue of a fresh
summons the Court shall make an order that the suit be dismissed as against such defendant, unless the plaintiff has
within the said period satisfied the Court that—

(a) he has failed after using his best endeavours to discover the residence of the defendant, who has not
been served, or
 (b) such defendant is avoiding service of process, or
(c) there is any other sufficient cause for extending the time,
in which case the Court may extend the time for making such application for such period as it thinks fit.]
(2) In such case the plaintiff may (subject to the law of limitation) bring a fresh suit.
6. Procedure when only plaintiff appears.—(1) Where the plaintiff appears and the defendant does not
appear when the suit is called on for hearing, then—
1
[(a) When summons duly served.—if it is proved that the summons was duly served, the Court may make
an order that the suit shall be heard ex parte;]
(b) When summons not duly served.—if it is not proved that the summons was duly served, the Court
shall direct a second summons to be issued and served on the defendant;
(c) When summons served but not in due time.—if it is proved that the summons was served on the
defendant, but not in sufficient time to enable him to appear and answer on the day fixed in the summons,
the Court shall postpone the hearing of the suit to a future day to be fixed by the Court, and shall direct notice of
such day to be given to the defendant.
(2) Where it is owing to the plaintiff’s default that the summons was not duly served or was not served in
sufficient time, the Court shall order the plaintiff to pay the costs occasioned by the postponement.
7. Procedure where defendant appears on day of adjourned hearing and assigns good cause for previous
non-appearance.—Where the Court has adjourned the hearing of the suit, ex parte, and the defendant, at or before
such hearing appears and assigns good cause for his previous non-appearance, he may, upon such terms as the Court
directs as to costs or otherwise, be heard in answer to the suit as if he had appeared on the day fixed for his
appearance.
8. Procedure where defendant only appears.—Where the defendant appears and the plaintiff does not appear
when the suit is called on for hearing, the Court shall make an order that the suit be dismissed, unless the defendant
admits the claim, or part thereof, in which case the Court shall pass a decree against the defendant upon such
admission, and where part only of the claim has been admitted, shall dismiss the suit so far as it relates to the
remainder.
9. Decree against plaintiff by default bars fresh suit.—(1) Where a suit is wholly or partly dis- missed under
rule 8, the plaintiff shall be precluded from bringing a fresh suit in respect of the same cause of action. But he may
apply for an order to set the dismissal aside, and if he satisfies the Court that there was sufficient cause for his non-
appearance when the suit was called on for hearing, the Court shall make an order setting aside the dismissal upon
such terms as to costs or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit.
(2) No order shall be made under this rule unless notice of the application has been served on the opposite
party.
10. Procedure in case of non-attendance of one or more of several plaintiff's.—Where there are more
plaintiffs than one, and one or more of them appear, and the others do not appear, the Court may, at the instance of
the plaintiff or plaintiff’s appearing, permit the suit to proceed in the same way as if all the plaintiff’s had appeared,
or make such order as it thinks fit.
11. Procedure in case of non-attendance of one or more of several defendants.—Where there are more
defendants than one, and one or more of them appear, and the others do not appear, the suit shall proceed, and the
Court shall, at the time of pronouncing judgment, make such order as it thinks fit with respect to the defendants who
do not appear.
12. Consequence of non-attendance, without sufficient cause shown, of party ordered to appear in person.
—Where a plaintiff or defendant, who has been ordered to appear in person, does not appear in person, or show
sufficient cause to the satisfaction of the court for failing so to appear, he shall be subject to all provisions of the
foregoing rules applicable to plaintiffs and defendants, respectively who do not appear.

Setting aside Decrees ex parte

13. Setting aside decree ex parte against defendant.—In any case in which a decree is passed ex parte
against a defendant, he may apply to the Court by which the decree was passed for an order to set it aside; and if he
satisfies the Court that the summons was not duly served, or that he was prevented by any sufficient cause from
appearing when the suit was called on for hearing, the Court shall make an order setting aside the decree as
against him upon such terms as to costs, payment into Court or otherwise as it thinks fit, and shall appoint a day for
proceeding with the suit:
Provided that where the decree is of such a nature that it cannot be set aside as against such defendant only it
may be set aside as against all or any of the other defendants also:
1
[Provided further than no Court shall set aside a decree passed ex parte merely on the ground that there has
been an irregularity in the service of summons, if it is satisfied that the defendant had notice of the date of hearing
and had sufficient time to appear and answer the plaintiff's claim.]
2
[Explanation.—Where there has been an appeal against a decree passed ex parte under this rule, and the appeal
has been disposed of an any ground other than the ground that the appellant has withdrawn the appeal, no
application shall lie under this rule for setting aside that ex parte decree.]
14. No decree to be set aside without notice to opposite party.—No decree shall be set aside on any such
application as aforesaid unless notice thereof has been served on the opposite party.