Code of Civil Procedure, 1908 | Order VII - Plaint

Order VII Rule 9 CPC - Procedure on Admitting Plaint

Order VII Rule 9 of the Code of Civil Procedure, 1908 prescribes the steps to be taken when the court directs service of summons on defendants under Order V Rule 9. It requires the plaintiff to supply copies of the plaint and the necessary service fee within the specified period.

Text of Order VII Rule 9 CPC

9. Procedure on admitting plaint. - Where the Court orders that the summons be served on the defendants in the manner provided in rule 9 of Order V, it will direct the plaintiff to present as many copies of the plaint on plain paper as there are defendants within seven days from the date of such order along with requisite fee for service of summons on the defendants.

The provision was substituted by section 8 of the Code of Civil Procedure (Amendment) Act, 2002 (Act 22 of 2002), effective 1 July 2002. The central text is available in the official India Code publication of the CPC.

Meaning and legal requirements

The rule applies when the court orders service of summons in the manner contemplated by Order V Rule 9. Its purpose is to ensure that each defendant receives the material needed to understand and answer the civil claim.

Court direction: The court directs the plaintiff to furnish copies when it orders summons to be served under Order V Rule 9.
Number of copies: The plaintiff must present as many plain-paper copies of the plaint as there are defendants.
Seven-day period: The rule specifies seven days from the date of the court's order.
Service fee: The plaintiff must also deposit the requisite fee for service of summons.

Practical example

Suppose a plaintiff files a recovery suit against three defendants. If the court orders summons to be served under Order V Rule 9, it directs the plaintiff to furnish three copies of the plaint on plain paper and the requisite service fee within seven days of the order. Any additional procedural requirements under applicable court rules or judicial directions must also be followed.

Order V Rule 9 - Delivery or transmission of summons for service

This provision deals with the delivery or transmission of summons for service. Order VII Rule 9 links the plaintiff's obligation to provide plaint copies and service fees to the court's direction for service under that procedure.

Order VII Rule 11(f) - Rejection of plaint

Order VII Rule 11(f) provides for rejection of a plaint where the plaintiff fails to comply with Rule 9. Non-compliance can therefore have serious consequences; the precise procedural outcome depends on the applicable law, court orders and circumstances.

Order IX Rule 2 - Dismissal where summons is not served

Where summons remains unserved because the plaintiff fails to pay the required service charges or provide copies of the plaint, Order IX Rule 2 permits dismissal of the suit, subject to its proviso. This is distinct from rejection of a plaint under Order VII Rule 11(f).

Order IX Rule 4 - Fresh suit or restoration

Where a suit is dismissed under Order IX Rule 2 or Rule 3, Rule 4 addresses the possibility of a fresh suit, subject to limitation, or an application to set aside dismissal upon showing sufficient cause.

Checklist for plaintiffs

Check the order directing issue and service of summons.
Count the defendants and prepare the required plaint copies.
Deposit the prescribed process fee and any applicable service charges.
Complete the required filing within seven days from the court's order, unless a legally permissible direction applies.
Follow the relevant High Court rules, local amendments and electronic-filing requirements, where applicable.
Retain proof of filing and payment.

Frequently asked questions

How many copies of the plaint are required?

Under the central text of Order VII Rule 9, as many copies on plain paper as there are defendants must be furnished when the rule applies.

What is the time limit under Order VII Rule 9?

Seven days from the date of the court's order directing the plaintiff to provide copies and the requisite fee.

Can the plaint be rejected for non-compliance?

Yes. Order VII Rule 11(f) expressly identifies failure to comply with Rule 9 as a ground for rejection of the plaint. The court's decision is governed by the applicable procedural law.

Official legal references

Legal information is provided for general reference. Central provisions may be affected by state amendments, High Court rules, special statutes and case-specific judicial directions. Verify the rules applicable to the court concerned.