Order 7 - Useful Applications under CPC: Plaint
I. Application for Acceptance of Properly Drafted
Plaint (Order 7 Rules 1-3)
Explanation: A formal plaint must contain key particulars: name, address, cause of
action, jurisdiction statement, reliefs, etc.
IN THE COURT OF [CIVIL JUDGE], [PLACE]
Civil Suit No.: [To be assigned]
Between: [Plaintiff]
Versus: [Defendant]
Application for Acceptance of Plaint under Order 7 CPC
Most Respectfully Showeth:
1. That the plaintiff has drafted and filed the plaint in accordance with Order 7 Rules
1 to 3 CPC.
2. That the plaint sets out jurisdiction, cause of action, valuation, and annexes all
required documents.
3. That necessary court fees have been paid.
4. That the plaint may be accepted and registered.
PRAYER:
a) Kindly accept the plaint and direct issuance of summons.
Place: [Place]
Date: [Date]
(Signature of Plaintiff or Advocate)
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Civil Procedure Applications Order 7 - CPC, 1908
II. Application for Rejection of Plaint – Barred by
Law (Order 7 Rule 11(d))
Explanation: If from the statement in plaint, the suit appears clearly barred (e.g.,
limitation, res judicata), defendant may move for rejection.
IN THE COURT OF [CIVIL JUDGE], [PLACE]
Civil Suit No.: [XXX] of 20XX
Application under Order 7 Rule 11(d) for Rejection of Plaint
Most Respectfully Showeth:
1. That the plaintiff filed the above suit on [Date] seeking [mention relief].
2. That from the statement in the plaint itself, the suit is clearly barred by [law—e.g.,
Limitation Act].
3. That under Order 7 Rule 11(d), the plaint is liable to be rejected on grounds of
legal bar.
PRAYER:
a) Reject the plaint under Rule 11(d).
b) Pass any other order deemed fit.
Place: [Place]
Date: [Date]
(Signature of Defendant / Advocate)
III. Application for Rejection of Plaint – No Cause
of Action (Order 7 Rule 11(a))
Explanation: If the plaint does not disclose any cause of action, the defendant can
apply for its rejection.
IN THE COURT OF [CIVIL JUDGE], [PLACE]
Civil Suit No.: [XXX] of 20XX
Application under Order 7 Rule 11(a) CPC for Rejection of Plaint – No Cause
of Action
Most Respectfully Showeth:
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Civil Procedure Applications Order 7 - CPC, 1908
1. That no cause of action has been disclosed in the plaint—no facts shown that give
rise to enforceable legal duty/liability.
2. That mere assertions without factual basis cannot amount to cause of action.
3. That the plaint is therefore liable to be rejected under Rule 11(a).
PRAYER:
a) Reject the plaint under Order 7 Rule 11(a).
Place: [Place]
Date: [Date]
(Signature of Defendant / Advocate)
IV. Application for Return of Plaint (Order 7 Rule
10) – Jurisdictional Defect
Explanation: If the suit has been filed in a court lacking jurisdiction (territorial, pecu-
niary, subject), the court must return the plaint to be filed in proper forum.
IN THE COURT OF [CIVIL JUDGE], [PLACE]
Civil Suit No.: [XXX] of 20XX
Application under Order 7 Rule 10 – Return of Plaint
Most Respectfully Showeth:
1. That the present suit pertains to [subject/property/party] located within jurisdic-
tion of [another district/court].
2. That this Hon’ble Court lacks jurisdiction to try the matter.
3. That as per Order 7 Rule 10 CPC, plaint be returned for presentation in appropriate
court.
PRAYER:
a) Kindly return the plaint for presentation before proper court under Order 7 Rule
10 CPC.
Place: [Place]
Date: [Date]
(Signature of Defendant / Advocate)
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Civil Procedure Applications Order 7 - CPC, 1908
V. Application for Correction of Valuation or Court
Fee (Order 7 Rule 11(b) or (c))
Explanation: If the plaint is undervalued, or insufficiently stamped with court fee,
plaintiff may request time for correction.
IN THE COURT OF [CIVIL JUDGE], [PLACE]
Civil Suit No.: [XXX] of 20XX
Application under Order 7 Rule 11(b)/(c) CPC for Rectification of Valuation
/ Court Fee
Most Respectfully Showeth:
1. That the court has noted [improper valuation / insufficient court fee].
2. That the error was inadvertent and now discovered.
3. That the plaintiff seeks permission of this Hon’ble Court to deposit additional court
fee / rectify valuation.
PRAYER:
a) Allow time for correction of valuation / payment of court fee.
Place: [Place]
Date: [Date]
(Signature of Plaintiff or Advocate)
— End of Applications Under Order 7 —
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