Bare Act Search Results
Home Bare Acts Phrase: plaintCode of Civil Procedure, 1908 Rule 1 to 13
Title: Plaint
State: Central
Year: 1908
.....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.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 14 to 18
Title: Documents Relied on in Plaint
State: Central
Year: 1908
.....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 (18 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.....
View Complete Act List Judgments citing this sectionProvincial Small Cause Courts Act, 1887 Section 19
Title: Admission, Return and Rejection of Plaints by Registrar
State: Central
Year: 1887
(1) When the Judge of a Court of Small Causes is absent, and an Additional Judge has not been appointed or, having been appointed, is also absent, the Registrar may admit a plaint, or return or reject a plaint for any reason for which the Judge might return or reject it. (2) The Judge may, of his own motion or on the application of a party, return or reject a plaint which has been admitted by the Registrar, or admit a plaint which has been returned or rejected by him: Provided that where a party applies for the return or rejection or the admission of a plaint under this sub-section, and his application is not made at the first sitting of the Judge after the day on which the Registrar admitted, or returned or rejected, the plaint, the Judge shall dismiss the application unless the applicant satisfies him that there was sufficient cause for not making the application at that sitting.
View Complete Act List Judgments citing this sectionSmall Cause Courts Act, 1964 Section 12
Title: Admission, Return and Rejection of Plaints by Registrar
State: Karnataka
Year: 1964
(1) When the Judge is absent and an Additional Judge has not been appointed or, having been appointed, is also absent, the Registrar, may admit a plaint, or return or reject a plaint for any reason for which the Judge might return or reject it. (2) The Judge may, of his own motion or on the application of a party, return or reject a plaint which has been admitted by the Registrar, or admit a plaint which has been returned or rejected by him: Provided that, where a party applies for the return or rejection or the admission of a plaint under this sub-section, and his application is not made at the first sitting of the Judge, after the day on which the Registrar admitted, or returned or rejected the plaint, the Judge shall dismiss the application unless the applicant satisfies him that there was sufficient cause for not making the application at that sitting.
View Complete Act List Judgments citing this sectionPresidency Small Cause Courts Act, 1882 Section 19A
Title: Return of Plaint
State: Central
Year: 1882
Whenever the Court finds that for want of jurisdiction it cannot finally determine the question at issue in the suit, it may at any stage of the proceedings return the plaint to be presented to a Court having jurisdiction to determine the question When the Court so returns a plaint, it shall comply with the provisions of the second paragraph of section 57 of the Code of Civil Procedure (14 of 1882) {See now the Code of Civil Procedure, 1908 (Act 5 of 1908) Schedule I, Order VII, rule 10 (2)}and make such order with respect to costs as it may think just, and the Court shall for the purposes of the Indian Limitation Act, 1877 (15 of 1877),{See now the Indian Limitation Act, 1908 (9 of 1908)} be deemed to have been unable to entertain the suit by reason of defect of jurisdiction When a plaint so returned is afterwards presented to a High Court, credit shall be given to the plaintiff for the amount of the court-fee paid in the Small Cause Court in respect of the plaint in the levy of any fees which according to the practice of the High Court are credited to the Government.]
View Complete Act List Judgments citing this sectionKarnataka Court-fees and Suits Valuation Act, 1958 Section 63
Title: Refund in Case Ofdelay in Presentation of Plaint, Etc.
State: Karnataka
Year: 1958
(1) Where a plaint or memorandum of appeal is rejected on the ground of delay in its1[re-presentation] or where the fee paid on a plaint or memorandum of appeal is deficient and the deficiency is not made good, within the time allowed by law or granted by the court, or the delay in payment of the deficit fee is not condoned and the plaint or memorandum of appeal is consequently rejected, the court shall direct the refund to the plaintiff or the appellant, of the fee paid on the plaint or memorandum of appeal which has been rejected. (2) Where a memorandum of appeal is rejected on the ground that it was not presented within the time allowed by the law of limitation, one-half of the fee shall be refunded. ____________________ 1. Substituted by Act No. 10 of 1964, for the words "presentation" w.e.f. 5-3-1964.
View Complete Act List Judgments citing this sectionKarnataka Land Revenue Act, 1964 Section 132
Title: Certified Copies of Records to Be Annexed to Plaint or Application
State: Karnataka
Year: 1964
.....the provisions of the Code of CivilProcedure apply; (b) 'application' means an application,-- (i) for the execution of a decree or order in a suit; (ii) for the filing of an agreement stating a case for the opinion of the court under the Code of Civil Procedure, 1908; (iii) for the filing of an agreement to refer to arbitration under section 20 of the Arbitration Act, 1940 (Central Act 10 of 1940); (iv) for the filing of an award under section 14 of the said Arbitration Act; (v) of any other kind to which the State Government may, by notification, direct that this section shall apply; (c) an application shall be deemed to relate to land, if the decree or other matter with respect to which an application is made, relates to land; (d) a suit, decree or other matter relating to land shall, without prejudice, to the generality of the expression, be deemed to include a suit, decree or other matter relating to rent or tenancy of land.
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 179
Title: Particulars to Be Furnished in Plaints, Etc.
State: Central
Year: 1958
(1) If any person presenting any plaint, application or appeal to any Court has reason to believe that any adverse party is a serving seaman, he shall make a statement accordingly in the plaint, application or appeal. (2) If any collector has reason to believe that any seaman who ordinarily resides or has property in his district and who is a party to any proceedings pending before any Court is unable to appear therein or is a serving seaman, the collector may certify the facts to the Court.
View Complete Act List Judgments citing this sectionIndian Soldiers (Litigation) Act, I925 Section 4
Title: Particulars to Be Furnished in Plaints, Applications or Appeals to Court
State: Central
Year: 1970
If any person presenting any plaint, application or appeal to any Court has reason to believe that any adverse party is an Indian soldier who is serving under special conditions, he shall state the fact in his plaint, application or appeal.
View Complete Act List Judgments citing this sectionProvincial Small Cause Courts Act, 1887 Section 23
Title: Return of Plaints in Suits Involving Questions of Title
State: Central
Year: 1887
(1) Notwithstanding anything in the foregoing portion of this Act, when the right of a plaintiff and the relief claimed by him in a Court of Small Cases depend upon the proof or disproof of a title to immovable property or other title which such a Court cannot finally determine, the Court may at any stage of the proceedings return the plaint to be presented to a Court having jurisdiction to determine the title. (2) When a Court returns a plaint under sub-section (1), it shall comply with the provisions of the second paragraph of [See now the Code of Civil Procedure, 1908 (Act 5 of 1908), Sch. I, Order VII, rule 10] section 57 of the Code of Civil Procedure (14 of 1882) and make such order with respect to costs as it deems just, and the Court shall, for the purposes of the [See now the Indian Limitation Act, 1908 (9 of 1908)] Indian Limitation Act, 1877 (15 of 1877), be deemed to have been unable to entertain the suit by reason of a cause of a nature like to that of defect of jurisdiction.
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