Suit to be commenced by plaint.
(1)Every suit shall be instituted by presenting a (Plaint in
duplicate to the Court)
or such Officer ... plaint is not filed in duplicate and plaintiff has
failed to file duplicate copy of the plaint within such extended time, as the Court
directs
plaint, as
required under Order IV Rule 1 CPC , then as per clause (e) of
Rule 11 of Order 7 CPC , plaint should be rejected ... plaint is not filed in duplicate and plaintiff has
failed to file duplicate copy of the plaint within such extended
time, as the court directs
filed for receiving duplicate plaint
along with documents (certified copy) as additional documents ... certified photocopy of duplicate plaint cannot be obtained, the prayer
for producing the certified photocopy of duplicate plaint and documents
annexed thereto
duplicate whereupon the defendant
moved the application under Order VII Rule 11 CPC and
thereafter, on 23.01.2004, the duplicate copy of the plaint ... required to
be rejected when not filed in duplicate. Even though filing of
duplicate copy of plaint appears to be a requirement of formal
nature
plaintiffs want to amend the head-note of the plaint and duplicate plaint
and want to insert the following sentence in 15th line at Page ... plaint as well as in the Copy of duplicate plaint in the following manner :-
"Para No.8-A-That the alleged unregistered Will dated
Suit to be commenced by plaint.- (1) Every suit shall be
instituted by presenting a plaint in duplicate to the court or such
officer ... suit shall be instituted
by presenting a plaint in duplicate to the Court and every plaint shall
comply with the rules contained in Order
Suit to be commenced by plaint.--(1) Every suit shall be instituted by presenting a plaint in duplicate to the Court or such officer ... reject the plaint. (Paragraph 16, page 193 of the report)
70. Those provisions for filing of the plaint in duplicate and filing sufficient copies
Suit to be commenced by plaint - (1)
Every suit shall be instituted by presenting
a [plaint in duplicate to the Court] or such
officer ... suit by a plaint and states that
every suit shall be instituted by presenting a plaint in
duplicate to the court or such officer
vexatious litigations can be shot
down at the threshold by rejecting the plaint. Order VII
Rule 1 is such a law which has vested power ... clause
(e) was added providing that if plaintiff does not file plaint
in duplicate, a plaint shall be rejected. Then clause (f) of
this rule
plaint is provided only under Order VII Rule 11 of the Code which reads as follows :
Rule 11-Rejection of plaint.-The plaint shall ... suit nor the Court fees, nor the question of duplicate plaint, nor the question of non-compliance of Rule 9 had been raised