Supreme Court Rules 2013 - Order XXVI | Order 26

Supreme Court Rules 2013 - Order XXVI | Order 26

 Supreme Court Rules 2013 and Supreme Court Rules 1966 (Repealed) 

Landmark Cases of India / सुप्रीम कोर्ट के ऐतिहासिक फैसले

Supreme Court Rules 2013: 

Order XXVI

Plaints

1. Every suit shall be instituted by the presentation of a plaint.

2. A plaint shall be presented to the Registrar, and all plaints shall be registered and numbered by him according to the order in which they are presented.

3. Every plaint shall comply with the rules contained in Order XXIX of these rules so far as they are applicable.

4. A plaint shall contain the following particulars:-

(a) the names of the plaintiff and of the defendant;

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

(c) the facts showing that the Court has jurisdiction;

(d) the declaration or relief which the plaintiff claims.

5. The plaintiff shall endorse on the plaint, or annex thereto a list of the documents (if any) which he has produced along with it and the Registrar shall sign the list if on examination he finds it to be correct.

6. The plaint shall be rejected:-

(a) where it does not disclose a cause of action.

(b) where the suit appears from the statement in the plaint to be barred by any law.

7. Where a plaint is rejected the Court shall record an order to that effect with the reasons for the order.

8. The rejection of the plaint shall not of itself preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action.

9. Where a plaintiff sues upon a document in his possession or power, he shall produce it to the Registrar when the plaint is presented and shall at the same time deliver the document or a copy thereof to be filed with the plaint.

10. Where the plaintiff relies on any other documents (whether in his possession or power or not) as evidence in support of his claim, he shall enter such documents in a list to be added or annexed to the plaint.

11. Where any such document is not in the possession or power of the plaintiff, he shall, if possible, state in whose possession or power it is.

12. A document which ought to be produced in Court by the plaintiff when the plaint is presented or to be entered in the list to be added or annexed to the plaint, and which is not produced or entered accordingly, shall not without the leave to the Court, be received in evidence at the hearing of the suit.

Supreme Court Rules 1966: 

ORDER XXVI

PLEADINGS GENERALLY

1. In this Order ‘pleading’ means plaint or written statement.

2. Every pleading shall contain, and contain only, a statement in a concise form

of the material facts on which the party pleading relies, but not the evidence by which

those facts are to be proved, nor any argumentative matter, and shall be divided

into paragraphs numbered consecutively.

3. Dates, sums and numbers shall be expressed in figures.

4. A further and better statement of the nature of the claim or defence, or further

and better particulars of any matter stated in any pleading may in all cases be ordered,

upon such terms as to costs and otherwise, as may be just.

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THE SUPREME COURT RULES, 1966

5. Wherever the contents of any document are material, it shall be sufficient

to state the effect thereof as briefly as possible, without setting out the whole or

any part thereof, unless the precise words of the document or any part thereof are

material.

6. Every pleading shall be signed by an advocate on record on behalf of the

Attorney-General for India or by an advocate on record on behalf of the AdvocateGeneral for the State, as the case may be.

7. The Court may at any stage of the proceeding order to be struck out or

amended any matter in any pleading which may be unnecessary or scandalous or

which may tend to prejudice or embarrass or delay the trial of the suit, or which

contravenes any of the provisions of this Order.

8. The Court may, at any stage of the proceedings, allow either party to

amend his pleading in such manner and on such terms as may be just, but only

such amendments shall be made as may be necessary for the purpose of determining

the real question in controversy between the parties.

9. If a party who has obtained an order for leave to amend does not amend

accordingly within the time limited for that purpose by the order, or if no time is

thereby limited then within fourteen days from the date of the order, he shall not be

permitted to amend after the expiration of such limited time or of such fourteen days,

as the case may be unless the time is extended by the Court.

10. Amendments of pleadings made only for the purpose of rectifying a clerical

error may be made on an order of the Registrar without notice, but unless otherwise

ordered a copy of the order shall be served on all other parties