Order vi rule 2 figures and words very time in duplicate
Kumar Krishan Agarwal Advocate
(Querist) 30 April 2015
This query is : Resolved
Dear Sir,
I filed one suit from Plaintiff side where I leave out the claim numeral figure expressed in Words all time in all paras but mentioned on the top of the Plaint in Words the actual claim amount. The Defendants taking pleas that the Plaintiff not follow Order VI Rule 2 (3) Dates, sums and numbers shall be expressed in a pleading in figures as well as in words. and that why plaint will be dismissed in Order VII Rule 11.
I said that the order VI Rule 2(3) is directive in nature and not be forced to follow on very suit while all the courts in India are admitting and passing orders in figures and not in duplicate mentioned every figures expressed in words in all orders or plaint.
What is your opinion and what is the case law which makes a defense of Plaintiff side for not going through this Rule every time in very Plaint.
Devajyoti Barman
(Expert) 01 May 2015
The claim of the defendant has no force. The suit will not be dismissed on this ground alone.
Rajendra K Goyal
(Expert) 01 May 2015
If the court accept the plea of the defendant go for appeal.
T. Kalaiselvan, Advocate
(Expert) 04 May 2015
This would have prompted an objection by the court or rejection at numbering stage itself if it was found to be a major defect, since the court has already taken the matter on file, I dont think the defendant's plea will hold ground.
