Order VII Rule 7 CPC - Relief to Be Specifically Stated

Order VII Rule 7 of the Code of Civil Procedure, 1908 requires a plaint to identify the relief sought, whether claimed directly or in the alternative. It also permits the court to grant appropriate general or other relief in accordance with the pleadings and the law.

Text of Order VII Rule 7 CPC

Meaning and scope of Order 7 Rule 7

The rule governs the prayer for relief in civil pleadings. A plaint is the document by which a civil suit is instituted, and relief means the judicial remedy requested, such as a declaration, injunction, recovery of money, possession or specific performance, subject to the applicable substantive law.

• Specific relief: The plaintiff must identify the substantive remedy sought so that the opposing party knows the case to meet.
• Alternative relief: Where legally permissible, the plaint may request a secondary remedy if the principal remedy cannot be granted.
• General or other relief: The court may grant appropriate consequential or ancillary relief even if it is not expressly requested, provided the pleadings, evidence, jurisdiction and law support it.
• Defendant's claim: The rule also applies to relief claimed by a defendant in a written statement; procedural requirements for set-off and counterclaim remain applicable.

Practical examples of relief claimed

Principal and alternative prayers

A plaintiff seeking specific performance of a contract may, where legally available and properly pleaded under the governing statute, seek an alternative monetary remedy. Order VII Rule 7 allows alternative prayers but does not override statutory requirements governing particular remedies.

General or consequential relief

A court may award relief that follows from the pleaded facts and established rights, even where the prayer is imperfectly drafted. However, the rule is not a licence to grant a fundamentally different case or a remedy that prejudices the opposite party through lack of notice.

Limits on the court's power to grant relief

Order VII Rule 7 must be applied alongside substantive law, court-fee requirements and principles of fair hearing. Ordinarily, a court should not grant a relief founded on facts never pleaded, or relief inconsistent with the case presented. Statutes that require a particular prayer or proof of particular conditions must still be satisfied.

For example, Section 34 of the Specific Relief Act, 1963 addresses declaratory decrees and its proviso restricts a mere declaration where the plaintiff, being able to seek further relief, omits to do so. Section 22 of that Act contains specific pleading rules for possession, partition and certain other relief in suits for specific performance of contracts for transfer of immovable property, including a provision for amendment of the plaint.

Related CPC provisions

• Order VII Rule 1(g): Requires the plaint to state the relief claimed.
• Order VII Rule 2 and Rule 2A: Address money claims and particulars where interest is sought.
• Order VII Rule 8: Deals with relief founded on separate grounds.
• Order VI Rule 17: Governs amendment of pleadings, subject to its conditions and proviso.
• Order VIII Rules 6 and 6A: Deal with set-off and counterclaims by defendants.

How to draft the prayer clause

The prayer should specify each remedy separately, identify the property or amount where relevant, and state any alternative relief clearly. A request for costs and an appropriately worded general-relief prayer may also be included. The material facts supporting each substantive remedy should appear in the body of the plaint.

Official legal sources

For the authoritative statutory text and amendments, consult the Government of India's India Code portal and search for the Code of Civil Procedure, 1908 and the Specific Relief Act, 1963. The applicability of state amendments, local rules and later judicial decisions should be checked for the relevant court and dispute.

This article is general legal information, not case-specific legal advice.