Order VII of the Code of Civil Procedure, 1908 lays down the rules relating to the plaint, which is the statement of claim filed by the plaintiff to initiate a civil suit. This Order specifies the essential contents of a plaint, the requirements for its proper drafting, and the circumstances under which a plaint may be rejected.
It ensures that the plaintiff presents the material facts clearly, states the relief claimed, and complies with procedural requirements like jurisdiction, valuation, and court fees. Comprising Rules 1 to 11, Order VII plays a crucial role in filtering out baseless claims at an early stage and sets the groundwork for effective adjudication of genuine disputes.
1. What is the primary focus of Order VII of the CPC?
A. Written statements
B. Institution of suits
C. Plaints
D. Evidence collection
Answer: C. Plaints
2. Under Order VII Rule 1, which of the following is NOT a required element of a plaint?
A. The name and description of the plaintiff
B. The valuation of the suit
C. A list of witnesses for the trial
D. The cause of action and jurisdiction
Answer: C. A list of witnesses for the trial
3. What happens if the plaint does not disclose a cause of action, as per Order VII Rule 11?
A. The court may reject the plaint
B. The plaintiff is allowed to amend the plaint
C. The court will proceed with the case
D. The defendant can submit a counterclaim
Answer: A. The court may reject the plaint
4. Under Order VII Rule 2, how must the plaintiff present a claim for money where the exact amount is not ascertained?
A. By providing an approximate amount
B. By leaving the valuation to the court
C. By including details to enable the court to ascertain the amount
D. By stating it is unquantifiable
Answer: C. By including details to enable the court to ascertain the amount
5. Under which condition can a plaint be rejected as per Order VII Rule 11(d)?
A. If it is filed without proper court fees
B. If the suit appears to be barred by any law
C. If the plaintiff fails to verify the plaint
D. If the defendant objects to its content
Answer: B. If the suit appears to be barred by any law
6. If the relief sought is undervalued in the plaint, what does Order VII Rule 11(b) direct the court to do?
A. Reject the plaint immediately
B. Allow the defendant to amend it
C. Direct the plaintiff to correct the valuation within a fixed time
D. Proceed with the case with the current valuation
Answer: C. Direct the plaintiff to correct the valuation within a fixed time
7. Under Order VII Rule 10, when must a court return a plaint?
A. If the court lacks pecuniary jurisdiction
B. If the plaint has procedural defects
C. If the plaintiff fails to comply with interim orders
D. If the case is filed after the limitation period
Answer: A. If the court lacks pecuniary jurisdiction
8. Which of the following is TRUE regarding Order VII Rule 9?
A. It requires a summons to be issued to the defendant after the plaint is admitted.
B. It permits a plaintiff to withdraw the plaint unconditionally.
C. It allows the defendant to amend the plaint.
D. It mandates immediate dismissal of the suit upon non-appearance of the plaintiff.
Answer: A. It requires a summons to be issued to the defendant after the plaint is admitted.
9. Under Order VII Rule 14, what must a plaintiff do if relying on documents to support the claim?
A. Submit the documents only during trial
B. Annex a list of such documents with the plaint
C. Provide oral testimony describing the documents
D. Inform the defendant during arguments
Answer: B. Annex a list of such documents with the plaint
10. A suit for recovery of possession is filed, but the plaintiff does not include the grounds for possession in the plaint. What can the court do under Order VII?
A. Strike off irrelevant portions of the plaint
B. Accept the plaint as is and proceed
C. Reject the plaint for not disclosing a cause of action
D. Allow the plaintiff to add the grounds later
Answer: C. Reject the plaint for not disclosing a cause of action