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Rupali Shah   04 July 2024

Plaintiff fails to comply o.7 r.2 of cpc-plaintiff fails to state precise amount claimed in plaint

Dear Sir,

If Plaintiff fails to state in Plaint the  precise amount claimed in Plaint, which is mandatory under O.7 R.2 of CPC, what remedy is available to Defendant?

Defendant is not allowed to file WS. In that case how Defendant can raise  above ground before the Court?

Can suit be dismissed on the ground of  non compliance of O.7 R.2 of CPC?

Thanks in anticipation.



 6 Replies

T. Kalaiselvan, Advocate (Advocate)     04 July 2024

Where the plaintiff seeks the recovery of money, the plaint shall state the precise amount claimed. But where the plaintiff sues for-

(a) Mesne profits, or

(b) for an amount which will be found due to him on taking unsettled accounts between him and the defendant, or

(c) for movables in the possession of the defendant, or

(d) for debts of which the value he cannot, after the exercise of reasonable diligence, estimate, the plaint shall state approximately the amount or value sued for."


If the defendant has not filed the written statement within the stipulated time period then he may not be allowed to file written statement. 

However the defendant can file additional written statement if the plaintiff resorts to amend the plaint for any valid reason. 

No doubt the defendant can object to the plaint for this reason during final arguments. 

P. Venu (Advocate)     04 July 2024

The facts as well the context posted are incomplete. 

Rupali Shah   04 July 2024

Thank you Sir,

Being Defendant, who is not allowed to file WS, trying to make the Plaintiff to amend the plaint, hoping to get opportunity to file WS.

or else, I suppose, final argument is last opportunity available for me.

Thank you for your kind reply.


T. Kalaiselvan, Advocate (Advocate)     04 July 2024

If the plaintiff is filing a petition to amend the plaint then a copy of the petition seeking amendment will be served on the defendant to record the objection of the defendant. After the petition is allowed the defendant will be given an opportunity to file additional written statement, you can utilise that opportunity and express all the grievances and objections through the additional written statement

Rupali Shah   05 July 2024

Sir, Thank you for your kind reply.

T. Kalaiselvan, Advocate (Advocate)     07 July 2024

You are welcome for your appreciations.

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