Suit to be commenced by plaint - Rule 1
1. Suit to be commenced by plaint
(1) Every suit shall be instituted by presenting a 1[plaint in duplicate to the court] or such officer as it appoints in this behalf.
(2) Every plaint shall comply with the rules contained in Orders VI and VII, so far as they are applicable.
2[(3) The plaint shall not be deemed to be duly instituted unless it complies with the requirements specified in sub-rules (1) and (2).]
HIGH COURT AMENDMENTS
3[Allahabad,--(a) For Order IV, Rule 1 (1) substitute the following:--
"1. (1) Every suit shall be instituted by presenting to the Court or such officer as it appoints in this behalf a plaint, together with a true copy for service with the summons upon each defendant, unless the Court for good cause shown allows time for filing such copies.
(2) The Court-fee chargeable for such service shall be paid in the case of suits when the plaint is filed and in the case of all other proceedings when the process is applied for.
(b) Re-number sub-rule (2) as sub-rule (3).]
Bombay (1-11-66).--(1) Renumber sub-rule (1) as sub-rule (1)(a), and add the following as sub-rule (1)(b):--
"(1)(b) The plaintiff shall except in the Bombay City Civil Court file as many true copies on plain paper of the plaint with annexures as there are defendants for service with the summons upon the defendants, unless the Court by reason of the length of the plaint or the number of defendants or for any other sufficient reason permits him to present a like 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. Such copies or statements shall be filed along with the plaint unless the Court, for good cause shown, allows time for filing such copies or statements.
(ii) Renumber sub-rule (2) as sub-rule (5) and add the following as sub-rules (2), (3) and (4).
(2) Where the plaintiff sues, or the defendant or any of the defendants is sued, in a representative capacity, such statements shall show in what capacity the plaintiff or the defendant sues or is sued.
(3) The plaintiff may, by leave of the Court, amend such statements so as to make them correspond with the plaint.
(4) The fee, chargeable for service of the summons upon the defendants, shall be paid when the plaint is filed or within such time as may be extended by the Court. (1-10-1983).