THE FIRST SCHEDULE · ORDER VII Plaint

Order VII Rule 2: In money suits

The Code of Civil Procedure, 1908

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.]

Footnotes in the official text

1.Subs. by Act 104 of 1976, s. 57, for certain words (w.e.f. 1-2-1977).

Questions on this rule

1 question in 5 of our papers cite Order VII Rule 2. Try these from the free papers:

1. Consider the following statements under Order VII of the Code of Civil Procedure, 1908: 1. Where the plaintiff sues for mesne profits, the plaint must state the precise amount claimed. 2. Unless general or other relief is expressly asked for in the plaint, the Court cannot grant it. 3. The Court may permit the plaintiff to claim exemption from the law of limitation on a ground not set out in the plaint, if that ground is not inconsistent with the grounds set out in it. 4. Where the plaintiff sues in a representative character, the plaint must show that he has an actual existing interest in the subject-matter and has taken the steps (if any) necessary to enable him to sue. Which of the statements given above are correct?

Practise questions on Civil Procedure Code