(Part I.-Of Suits in General. Chapter V-Of the Institution of Suits.-Sections 51-53.) exemption If the cause of action arose beyond the period Grounds of ordinarily allowed by any law for instituting the suit, from limitathe plaint must shew the ground upon which exemp- tion law. tion from such law is claimed. verified. 51. The plaint shall be signed by the plaintiff and Plaints to be his pleader (if any), and shall be verified at the foot signed and by the plaintiff or by some other person proved to the satisfaction of the Court to be acquainted with the facts of the case: Provided that, if the plaintiff is, by reason of absence or for other good cause, unable to sign the plaint, it may be signed by any person duly authorized by him in this behalf. 52. The verification must be to the effect that Contents of the same is true to the knowledge of the person mak- verification. ing it, except as to matters stated on information and belief, and that as to those matters he believes it to be true. The verification shall be signed by the person Verification making it. a to be signed. 53. The plaint may, at the discretion of the When plaint Court, may be rejected, (a) at, or at any time before, the settlement of returned for (b) at, or at any time before, the settlement of (i) is not signed and verified as herein before (ii) does not state correctly and without pro- S. 53 has been substituted by Act VII of 1888, s. 9. (iii) is or amended. (Part I.-Of Suits in General. Chapter V-Of (iii) is wrongly framed by reason of non- (c) at any time before judgment be amended by Provided that a plaint shall not be amended either by the party to whom it is returned for amendment, or by the Court, so as to convert a suit of one character into a suit of another and inconsistent character. When a plaint is amended under this section the amendment shall be attested by the signature of the Judge. 54. The plaint shall be rejected in the following cases : (a) if the relief sought is undervalued, and the plaintiff, on being required by the Court to correct the valuation within a time to be fixed by the Court, fails to do so: (b) if the relief sought is properly valued, but the plaint is written upon paper insufficiently stamped, and the plaintiff, on being required by the Court to supply the requisite stamppaper within a time to be fixed by the Court, fails to do so: (c) if the suit appears from the statement in the plaint to be barred by any positive rule of law: (d) if the plaint, having been returned for amendment within a time fixed by the Court, is not amended within such time. 55. When a plaint is rejected the Judge shall record with his own hand an order to that effect with the reason for such order. 56. The (Part I.-Of Suits in General. Chapter V-Of the Institution of Suits.-Sections 56-58.) 56. 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. 57. The plaint shall be returned to be presented to the proper Court in the following cases :- When rejec tion of plaint does not preclude presentation shall be to proper (a) if a suit has been instituted in a Court whose be presented (b) if, in a suit relating to immoveable property, (c) if, in any other case, it appears that the cause On returning a plaint the Judge shall, with his Procedure on own hand, endorse thereon the date of its presenta- returning plaint. tion and return the name of the party presenting it, and a brief statement of the reason for returning it. 58. The plaintiff shall endorse on the plaint, or Procedure on annex thereto, a memorandum of the documents (if admitting plaint. any) which he has produced along with it; and, if the plaint be admitted, shall present as many copies on plain paper of the plaint as there are defendants, unless the Court by reason of the length of the plaint or the number of the defendants, or for any other sufficient reason, permits him to present a like number of concise statements of the nature of the claim made, Concise or of the relief or remedy required, in the suit, in statements. which case he shall present such statements. If Register of suits. Production on which Chapter V-Of the Institution of Suits.-Sections 59-61.) (Part I.-Of Suits in General. If the plaintiff sues, or the defendant or any of the defendants is sued, in a representative capacity, such statements shall show in what capacity the plaintiff or defendant sues or is sued. The plaintiff may, by leave of the Court, amend such statements so as to make them correspond with the plaint. The chief ministerial officer of the Court shall sign such memorandum and copies or statements if, on examination, he finds them to be correct. The Court shall also cause the particulars mentioned in section 50 to be entered in a book to be kept for the purpose and called the register of civil suits. Such entries shall be numbered in every year according to the order in which the plaint is admitted. 59. If a plaintiff sues upon a document in his of document 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. plaintiff sues. Delivery of document or copy. List of other documents. Statement Suits on lost If he rely 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. 60. In the case of any such document not in his possession or power, he shall, if possible, state in whose possession or power it is. 61. In case of any suit founded upon a negotiable instrument, if it be proved that the instrument instruments. is lost, and if an indemnity be given by the plaintiff, to the satisfaction of the Court, against the claims of any other person upon such instrument, the Court may make such decree as it would have made 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. 62. If (Part I.-Of Suits in General. Chapter V-Of the 62. If the document on which the plaintiff sues Production be an entry in a shop-book or other book in his pos- of shop-book. session or power, the plaintiff shall produce the book at the time of filing the plaint, together with a copy of the entry on which he relies. The Court, or such officer as it appoints in this Original behalf, shall forthwith mark the document for the entry to be marked and purpose of identification; and, after examining and returned. comparing the copy with the original and attesting the copy if found correct, shall return the book to the plaintiff and cause the copy to be filed. document 63. A document which ought to be produced in InadmisCourt by the plaintiff when the plaint is presented, sibility of or to be entered in the list to be added or annexed to not produced the plaint, and which is not produced or entered ac- when plaint cordingly, shall not, without the leave of the Court, filed. be received in evidence on his behalf at the hearing of the suit. Nothing in this section applies to documents produced for cross-examination 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. CHAPTER VI. OF THE ISSUE AND SERVICE OF SUMMONS. Issue of Summons. 64. When the plaint has been registered, and the Summons. copies or concise statements required by section 58 have been filed, a summons may be issued to each defendant to appear and answer the claim on a day to be therein specified, (a) in person, or (b) by a pleader duly instructed and able to (c) by |