CIVIL

Institution of Suit-In Calcutta High Court[Ch-7][CHCOSR]

KHC

Institution of Suit

  1. The plaint to be written or printed.– The plaint shall be legibly written, or printed, in the English language, on durable foolscap paper or other paper similar to it in size and quality, bookwise, and on both sides of the paper, with Not more than 25 or less than 18 lines, of about 10 words in each line in each page, and with an inner margin of about an inch and a quarter wide. It shall be stitched bookwise in the following order:

(1) Warrant to sue, where the plaintiff appears by an Advocate acting on the Original Side, (2) Concise statement, (3) The Plaint, (4) List of documents upon which the plaintiff relies, (5) List of documents produced with the plaint, (6) Exhibits or copies of exhibits filed. Dates, sums and numbers occurring in the plaint shall be expressed in figures as well as in words, sums being stated in rupees, annas and pies and the corresponding English dates being added, where the dates are Not according to the English calendar.

The plaint shall comply with Order VI of the Code, and shall contain the particulars required by order VII, rr. 1 to 8 of the Code. Every alteration in the plaint shall be marked and authenticated by the initials of the persons verifying the plaint, or with the leave of the Judge or Officer, by the Advocate acting on the Original side.

2. When Advocate-General a party: or a person’s name is used as relator.– Where the Advocate-General is a party to a suit in his official capacity, he shall be named and described in the pleadings by his official title only. Before the name of any person shall be used in any suit as relator, such person shall sign a written authority to the, Advocate acting on the Original Side or Advocates acting on the Original Side for that purpose, and such authority shall be filed in the Registrar’s office.

2A. Copies of Summons to accompany plaint. – When a plaint is presented for admission, it shall be accompanied by the requisite number of printed Forms of writs of summons, duly filled up as mentioned in Rule 2A of Chapter VIII, and duly stamped:Provided that this rule shall Not apply to a case where a plaint is presented before this Court after its return from another court and in which a date for appearance of the parties before this Court has been fixed by the other court at the time of returning the plaint.

2B. Original documents. – Save with the special permission of the Judge or Officer admitting the plaint, No original document shall be filed with the plaint but a copy of every document sued on shall be filed with the plaint-the original being produced at the time of the admission of the plaint and taken back again.

3. Translation of documents filed with plaint. – The Judge or Officer to whom the plaint is presented may, where he shall think fit, require a translation of any document Not in the English language to be filed with the plaint. Such translation shall be in accordance with the rules of the Court and the Non-delivery thereof, where required, shall have the same effect as if the original document had Not been produced.

4. Endorsements on plaint. – Where a plaint is admitted, the words “Presented on the………… day of……….”, together with a Note of any special leave granted, and where the suit is marked as a commercial suit under Chapter XII or as a liquidated claim under rule 5, a Note to that effect shall be endorsed thereon and signed by the Judge or Officer admitting the plaint; the words “Defendant to file written statement” being added where such statement is required.

5. Liquidated claim. – Any suit in which the claim is only for a debt, or liquidated demand, is a liquidated claim, and may be admitted and marked as such. A mortgage suit may be marked as a liquidated claim.For the purposes of this rule “debt” means a sum certain, or capable of being reduced to certainty by calculation, payable in respect of a direct and immediate liability by a debtor to a creditor; “liquidated demand” means that the amount is a matter only of calculation to be made from fixed data, so that any two people making it correctly must arrive at the same result.(Former Rules 6, 7, 8 and 9 repealed)

6. Advocate’s or attorney’s name to appear on pleadings. – Where a plaint or a written statement has been drafted or settled by an Advocate or Advocate acting on the Original Side, his name shall appear at the foot thereof.

7A. Special leave to sue or joint causes of action. – Every application for special leave to sue, under clause 12 of the Letters Patent, or under order I rule 8, Oorder II rule 2 or 4, of the Code, may be made at the time when the plaint is presented, without petition, provided that the grounds, upon which such application is made, are set out with sufficient clearness in the body of the plaint.

7B. The applications for leave under order 1 rule 8, order 2 rule 2, and order 2 rule 4 of the Code shall be made to the Master. The Order of the Master shall be subject to review at any stage by the Court or a Judge either at the instance of a party or otherwise.

8. Verification by person other than party pleading. – Where any person, other than a party pleading, verifies a pleading under order VI, rule 15 of the Code, his fitness to so verify shall be proved by his affidavit, at the time the pleading is presented. Pleadings shall include plaints, written statements, petitions, statements of facts and counter statements of facts.

8A. Interpretation. – All pleadings to be signed and verified in Calcutta or within 5 miles thereof which require to be interpreted and explained to a person who is Not conversant with the English language, or who is unable to read and write and has to affix his or her mark instead of signing, shall be interpreted and explained by one of the sworn Interpreters or Translators of the Court. In the event of the person who has to sign or affix his or her mark and verify Not Knowing any of the languages kNown to the Interpreters or Translators, or in case the pleading is to be signed and verified outside the limits above mentioned, the pleading may be interpreted and explained by some competent person, who shall make an affidavit that he is thoroughly conversant with English and with the language spoken by the person who had to sign or affix his or her mark and verify, and that he truly and accurately interpreted and explained the pleading.

8B. Identification. – Where the person who has to sign or affix her mark and verify the pleading is a purdanashinwoman, she shall be identified by a person to whom she is kNown and before whom she appears, and such person shall at foot of the pleading certify that she was identified by him and sign his name thereto, and shall prove such identification by a separate affidavit.

9. Original documents produced with plaint. – Where an original document is produced by the plaintiff under order VII, rule 14 of the Code, the same shall be marked for identification, when presented to the Court or a Judge, by the principal officer in attendance, or when presented to the Registrar or Master, by the Registrar or Master respectively, and where, together with the original, a copy thereof is delivered to be filed with the plaint in lieu of the original, the same shall, before return of the original be compared therewith by one of the examiners, who shall attest the copy if it be found correct.