Section 11 in Standing Order No. 2 Of The Financial Commissioner Himachal Pradesh
11. Examination of plaint.
- On the presentation or receipt, of a plaint, the Court should examine it with special reference to the following points viz:(i)Whether the name of the Court to which the suit is brought is given in the plaint [Order VII, rule 1(a)];(ii)Whether it contains the name, description and place of residence of the plaintiff, so far as they can be ascertained [Order VII, rule 1(b)];(iii)Whether the plaint contains the name, description and place of residence of the defendant [Order VII, rule 1(a)];(iv)Whether any of the parties to the suit are minor and if so whether they are properly represented [Order VII, rule 1(d)];(v)Whether it contains the facts constituting the cause of action and when it arose [Order VII, rule 1(e)];(vi)Whether the suit is within the jurisdiction of Court or else it should be returned for presentation to the proper Court [Order VII, rule 1(f) and (10)];(vii)Whether plaint states the relief which the plaintiff claims [Order VII, rule 1(g)];(viii)Whether it contains the amount allowed or relinquished if the plaintiff has allowed a set off or relinquished portion of his claim [Order VII, rule 1(h)];(ix)Whether it contains a statement of the value of the subject matter of the suit for the purpose of jurisdiction and of Court fees to far the case admits [Order VII, rule 1(c)];(x)Whether there is prima facie any non-joinder or mis-joinder of parties, or misjoinder of causes of action;(xi)Whether the plaint is duly signed and verified;(xii)Whether the plaint is liable to be rejected for any of the reasons given in Order VII, rule 11;(xiii)Whether the documents attached, to the plaint (if any) are accompanied by the lists in the prescribed form and are in order;(xiv)Whether the plaintiff has filed a proceeding containing his address for service during the litigation as required by rule 19 of Order VII as framed by the High Court;(xv)Instructions contained in paragraph 9 below should also be borne in mind at the time of examination of plaint.
