1. PLAINTIFF SEEKS RELIEF
where the plaintiff seeks relief in respect of several distinct claims or causes of an action founded upon separate and distinct grounds, they shall be stated, as far as may be, separately and distinctly
2. The plaintiff shall endorse on the plaint or annex thereto, a list of the documents (if any) which he has produced with it. This list is called the list of reliance or fard in bisat. He shall also file as many copies of the plaint as there are defendants unless the Court permits him to present an alike number of concise statements of the nature of the claim made, or of the relief claimed in the suit, in which case he shall present such statements.
The list of
reliance should mention the documents filed with the plaint, such as are in the plaintiff’s possession but shall be filed later on, and such others as are in
possession of others and shall be summoned to be produced.
The plaint
should also be accompanied with the address from or fard pata giving the name,
parentage, and address of the plaintiff, the power or vakalatnama of the
counsel (if any) engaged in the suit, an envelope wherein the documents filed
have to be put, and the process fee form (Fard Talbana) showing the purpose for
which the fee has been paid in adhesive stamps.
3. RETURN OF PLAINT
If the
plaint is presented to a wrong Court, such as having no jurisdiction, it shall be
returned for being presented to the proper Court. The judge shall endorse
thereon the date of presentation and return, the name of the party presenting
it, and a brief statement of the reasons for return.
4. REJECTION OF PLAINT
The plaint
shall be rejected if...
(a)
It
does not disclose a cause of action;
(b)
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)
The relief claimed although properly valued yet the plaint is written upon insufficiently
stamped paper and the plaintiff on being required by the Court to supply the
requisite stamp paper within a fixed time fails to do so; and
(d)
The suit appears from the statement in the plaint to be barred by any law.
The plaint shall be
rejected if it does not disclose a cause of action or is insufficiently stamped, is undervalued, or appears to be barred under the provision of any law.
Thus if from the
statements in the plaint it is apparent that the plant has been filed beyond
the period of limitation prescribed y the Limitation Act it shall be rejected.
Similarly, if the plaint
relates to a suit against the Government and no notice under section 80 of the
Civil Procedure Code appears to have been given to the Government it shall be
rejected.
5. Inadmissibility of documents not produced with the plaint.
A document that ought to
be produced in Court by the plaintiff along with the plaint or which has to be
entered in the list of reliance shall not be received in evidence on his
behalf.
Documents produced for
cross-examination of the defendant’s witnesses, or in answer to any case set up
by the defendant, or handed to a witness merely to refresh his memory shall
not, however, be affected by the above rule.