section 8
Amendment of Order VII
The Code of Civil Procedure (Amendment) Act, 2002In the First Schedule, in Order VII,- (i) for rule 9 (as substituted by clause (i) of section 17 of the Code of Civil Procedure (Amendment) Act, 1999], the following rule shall be substituted, namely:-
Procedure on admitting plaint. “9. 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.”; (ii) in rule 11, for sub-clauses (f) and (g) [ as inserted by clause (ii) of section 17 of the Code of civilProcedure (Amendment) Act, 1999] , the following sub-clause shall be substituted, namely:- “(f) where the plaintiff fails to comply with the provisions of rule 9.”; (iii) in rule 14 [as substituted by clause (iii) of section 17 of he Codeof Civil Procedure (Amendment) Act, 1999], for sub-rule (3), the following sub-rule shall be substituted, namely:- ‘(3) 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 plaint but 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.”’ (iii) rule 18 (as amended by clause (v) of section 17 of the Code of Civil Procedure (Amendment) Act, 1999] shall be omitted.
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