• What does the CPC order 7 and rule 1 state

What does the cpc order 7 and rule 1 state
Asked 3 months ago in Civil Law from Bangalore, Karnataka
It appears you want to know about the order 7 rule 11 of cpc which speaks of rejection of plaint.
If the suit is barred by law then the opposite party file a petition asking for rejection of case of the petitioner under order 7 rule 11 of cpc.

If indeed you mean to say order 7 rule 1 of cpc then this provision deals with details which a party must mention in her pleading.
Devajyoti Barman
Advocate, Kolkata
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Order 7 Rule 1 states that if the plaint does not disclose a cause of action, if it has been understamped or the requisite court fee has not been paid then it can be dismissed by the court. This is what it practically means. To read it in detail you may do a google search where you can easily find literature in abundance on it.
Ashish Davessar
Advocate, Jaipur
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448 Consultations
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Order 7 of the Civil Procedure Code then proceeds to lay down rules about the plaint in a suit. 

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.
Ajay Sethi
Advocate, Mumbai
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Order 7 Rule 1 of the Code provides what a plaint should contain. This provision seems to be mandatory

 if a plaint does not disclose a cause of action, it is liable to be rejected 
Ajay Sethi
Advocate, Mumbai
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This Provision gives details about the format of the Petition/Suit/Claim to be filed before the court. 

Order VII Rule 1: (Reads as follows)

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 affect;

(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.

HIGH COURT AMENDMENTS

Karnataka.- Delete Rule 1 and substitute the following:

“1. The plaint shall contain the following particulars:

(a) the name of the Court in which the suit is brought;

(b) the name, age, description, place of residence and place of business, if any, of the plaintiff;

(c) the name, age, description, place of residence and the place of business, if any, of the defendant, so far as can be ascertained by the plaintiff;

(d) where the plaintiff or the defendant is minor or a person of unsound mind, a statement to that effect and in the case of a minor, his age to the best of the knowledge and belief of the person verifying the plaint:

Provided that, where, owing to the large number of defendants or any other sufficient cause, it is not practicable to ascertain with reasonable accuracy the age of the minor defendants, it may be stated that the age of the minor defendant is not known;

(e) the facts constituting the cause of action and when it arose;

(t) 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 the 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 court-fees, so far as the case admits.” (30.3.1967). 
Sandeep Hegde
Advocate, Bangalore
361 Answers
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4.8 on 5.0
order 7 rule 1 makes particulars which is required in the plaint.  a plaint must contain all the facts necessary to prove by the plaintiff to prove his case. a plaint may be dismissed if such particulars are not contained in plaint. 
Shivendra Pratap Singh
Advocate, Lucknow
2737 Answers
41 Consultations
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Hi, 
Order VII of  CODE OF CIVIL PROCEDURE, 1908, refers to plaint and particulars to be contained in plaint. 
 	 
1.	The details of Particulars to be contained in plaint are as follows:

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 affect;
(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.
HIGH COURT AMENDMENTS
Andhra Pradesh.- Same as that of Madras.
Bombay, Dadra and Nagar Haveli.- For item (1) substitute the following.
“(i) 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, showing the provisions of law under which the valuation of the court-fees and jurisdiction is separately made,” (1.10.1983).
Karnataka.- Delete Rule 1 and substitute the following:
“1. The plaint shall contain the following particulars:
(a) the name of the Court in which the suit is brought;
(b) the name, age, description, place of residence and place of business, if any, of the plaintiff;
(c) the name, age, description, place of residence and the place of business, if any, of the defendant, so far as can be ascertained by the plaintiff;
(d) where the plaintiff or the defendant is minor or a person of unsound mind, a statement to that effect and in the case of a minor, his age to the best of the knowledge and belief of the person verifying the plaint:
Provided that, where, owing to the large number of defendants or any other sufficient cause, it is not practicable to ascertain with reasonable accuracy the age of the minor defendants, it may be stated that the age of the minor defendant is not known;
(e) the facts constituting the cause of action and when it arose;
(t) 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 the 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 court-fees, so far as the case admits.” (30.3.1967).
KERALA, LACCADIVE, MINICOY AND AMINDIVI ISLANDS.- Same as that of Madras but without the Proviso (9.6.1959).
Madras and Pondicherry.- Substitute the following for sub-clause (d) of Rule 1 : “(d) Where plaintiff or the defendant is a minor or a person of unsound mind, a statement to that effect, and in the case of a minor, a statement regarding his age to the best of the knowledge and belief of the person verifying the plaint:
Provided that where, owing to the large number of defendants or any other sufficient reason, it is not practicable to ascertain with reasonable accuracy the age of the minor defendant, it may be stated that the age of minor defendant is not known.” (ROC 1433/43) and Act, 26 of 1968, Section 3 and Sch. Pt. II (w.e.f. 5.9.1968).
Punjab, Haryana and Chandigarh.- After clause (i) or Or. 7, R.1, insert:
(i) A statement to the effect that no suit between the same parties, or between parties under whom they or any of them claim, litigating on the same grounds has been previously instituted or finally decided by a Court of competent jurisdiction or limited jurisdiction, and if so, with what results” (15.3.1991)
Hope this helps
Rajgopalan Sripathi
Advocate, Hyderabad
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43 Consultations
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What does the cpc order 7 and rule 1 state?

Please see below the provisions of law referred by you:

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 affect;

(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.
T Kalaiselvan
Advocate, Vellore
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Can i get an answer what does the CPC order 7 and rule  1 mention in detail

The provisions of the referred law has been given to your previous similar question, now what do yo actually want to know by posting this question again?
If you had posted some background details with your question, you could have got more proper opinion to your question. 
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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