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State of Madhya Pradesh - Section

Section 38 in M.P. Civil Court Rules, 1961

38.

The officer receiving the plaint shall examine it in order to find out whether all the requirements of law have been complied with. This examination should be directed to ascertaining among other things -
(i)Whether the plaint has been properly stamped in accordance with the valuation put upon it. (See in this respect the instructions in. Appendix II to Part V).
(ii)Whether it has been properly signed and verified (Order VI, Rules 14 and 15).
(iii)Whether it complies with the requirements of Order VII, Rules 1 to 80.
(iv)Whether in the case of recovery of land it sets out sufficient specification of the land claimed, i.e., if an entire plot or field, to which a separate survey number has been assigned is claimed, whether the plaint states that survey number and its area, or, if a portion only of such a survey number is claimed, whether the plaint defines specifically the area claimed and its position and boundaries are clearly shown in the map filed with the plaint.
(v)Whether it is accompanied by the necessary copies of plaint and process fees [Order IV, Rules 1 (1) and 1 (2)].
(vi)Whether the documents attached to the plaint (if any) are accompanied by a list in the prescribed form [Order VII, Rule 9 (1)].
(vii)Whether it is accompanied by plaintiff's registered address as required by Order VII, Rule 19.
(viii)Whether in the case of minor plaintiff and defendants the requirements of Order XXXII, Rules 1 and 3, have been complied with and the necessary application supported by an affidavit verifying the fitness of the proposed guardian ad litem of the minor defendant(s) has been filed.
(ix)Whether the suit is within the pecuniary and territorial jurisdiction of the Court.
(x)Whether the claim is apparently within time.
(xi)Whether the power of attorney has been properly accepted and endorsed by the pleader and whether in the case of illiterate executants it has been attested as required by Rule 9-A.