12. Procedure on rejecting plaint. Where a plaint is rejected the Judge shall record an order to
that effect with the reasons for such order.
13. Where rejection of plaint does not preclude presentation of fresh plaint. The rejection of
the plaint on any of the grounds hereinbefore mentioned shall not of its own force preclude the plaintiff
from presenting a fresh plaint in respect of the same cause of action.
Documents relied on in Plaint
14.Production of document on which plaintiff sues.__ (1) Where a plaintiff sues upon a
document in his possession or power, he shall produce it in Court when the plaint is presented, and
shall at the same time deliver the document or a copy thereof to be filed with the plaint.
(2) List of other documents. Where he relies on any other documents (whether in his possession
or power or not) as evidence in support of his claim, he shall enter such documents in a list to be added
or annexed to the plaint.
15. Statement in case of documents not in plaintiff's possession or power. Where any such
document is not in the possession or power of the plaintiff, he shall, if possible, state in whose
possession or power it is.
16. Suits on last negotiable instruments. Where the suit is founded upon a negotiable instrument,
and it is proved that the instrument is lost, and an indemnity is given by the plaintiff, to the satisfaction
of the Court, against the claims of any other person upon such instrument, the Court may pass such
decree as it would have passed if the plaintiff had produced the instrument in Court when the plaint
was presented, and had at the same time delivered a copy of the instrument to be filed with the plaint.
17.Production of shopbook.__
(1) Save in so far as is otherwise provided by the Bankers' Books
Evidence Act, 1891 (XVIII of 1891), where the document on which the plaintiff sues is an entry in a
shopbook
or other account in his possession or power the plaintiff shall produce the book,
Code of Civil Procedure, 1908 [1908 : V]
Page 116 of 370
or account at the time of filing the plaint, together with a copy of the entry on which he relies.
(2) Original entry to be marked and returned. The Court, or such officer as it appoints in this
behalf shall forthwith mark the document for the purpose of identification; and, after examining and
comparing the copy with the original, shall, if it is found correct, certify it to be so and return the book,
to the plaintiff and cause the copy to be filed.
18. Inadmissibility of document not produced when plaint filed.__ (1) A document which ought
to be produced in Court by the plaintiff when the plaint is presented, or to be entered in the list to be
added or annexed to the pliant, and which is not produced, or entered accordingly, shall not, without
the leave of the Court, be received in evidence on his behalf at the hearing of the suit.
(2) Nothing in this rule applies to documents produced for crossexamination
of the defendant's
witnesses, or in answer to any case set up by the defendant or handed to a witness merely to refresh his
memory.
1[19. Address to be filed with plaint.__ (1) Every plaint or original petition shall be accompanied
by a proceeding giving an address at which service of notice, summons or other process may be made
on the plaintiff or petitioner.
(2) Plaintiffs or petitioners subsequently added shall immediately on being so added file a
proceeding of this nature.
(3) The address filed under this rule shall be entered in the Register of suits maintained under Order
IV, rule 2.
20. Nature of address to be filed. An address for service filed under the preceding rule shall be
within the local limits of the District Court within which the suit or petition is filed, or of the District
Court within which the party ordinarily resides.
21. Consequences of failure to file address. Where a plaintiff or petitioner fails to file an address
for service 2["the court may direct him to file such address and if he fails to do so after giving him
opportunity"], he shall be liable to have his suit dismissed or his petition rejected by the Court suo moto
or any party may apply for an order to that effect, and the Court may make such order as it thinks just.
22. Procedure when party not found at the place of address. (1) Where a party is not found at
the address given by him for service and no agent or adult male member of his family on whom a
notice, summons or other process can be served is present, a copy of the notice, summons or other
process shall be fixed to the outer door of the house.
(2) If, on the date fixed, such party is not present, another date shall be fixed and a copy of the
notice, summons or other process shall be sent to the said address by registered post, and
1Rules 19 to 26 added by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch.
2Added by S.R.O. 579(1)/2014, dt: 1862014.
Code of Civil Procedure, 1908 [1908 : V]
Page 117 of 370
such service shall be deemed to be as effectual as if the notice, summons or other process had been
personally served.
23. Service on pleader. Where a party engages a pleader, notices, summons or other processes for
service on him shall be served in the manner prescribed by Order III, rule 5, unless the Court directs
service at the address for service given by the party.
24. Change of address. A party who desires to change the address for service given by him as
aforesaid shall file a verified petition, and the Court may direct the amendment of the record
accordingly. Notice of such petition shall be given to such other parties to the suit as the Court may
deem it necessary to inform, and may be either served upon the pleaders for such parties or be sent to
them by registered post, as the Court thinks fit.
25. Service by other modes. Nothing in these rules shall prevent the Court from directing the
service of a notice, summons or other process in any other manner, if, for any reasons, it thinks fit to
do so.
26. List of legal representatives of Plaintiff.__ (1) In every suit of the nature referred to in rule 3,
Order XXII, the plaint shall be accompanied by a statement giving__
(a) the names and addresses of the persons whom, in the event of the death of the plaintiff,
may be made a party as his legal representatives;
(b) the name and address of the person who, in the event of the death of the plaintiff, shall
intimate such fact to the Court, furnish the Court with the names, particulars and addresses
of the legal representatives of the plaintiff and make an application for the legal
representatives to be made a party.
(2) A plaintiff may at any time__
(a) file in the Court an amended list, of his presumptive legal representatives;
(b) nominate another person, in the place of the person nominated under clause (b) of subrule
(1), for the purposes of that clause.
(3) A nomination made under clause (b) of subrule
(1) shall, unless varied under clause (b) of subrule
(2) remain in force throughout the pendency of the suit and any proceedings arising therefrom,
including appeal, revision and review.]