(d) Where the plaintiff or the defendant is a minor or a person of unsound mind,
a statement to that effect;
(e) The facts constituting the cause of action and when they arose;
(f) The facts showing that the Court has jurisdiction;
(g) The relief which the plaintiff claims;
(h) Where the plaintiff has allowed a set-off or relinquished a portion of his
claim, the amount so allowed or relinquished; and
(i) A statement of the value of the subject matter of the suit.
36.
Amendment of Plaint:When there is an error or omission in the particulars required to be contained in a plaint;
the Court may return it to the plaintiff for amendment during a period to be fixed by the
Court, or may itself cause it to be amended there and then.
37.
Summary Dismissal of Plaint:The Court shall dismiss the plaint summarily, where upon examination of the plaint and
after hearing of the plaintiff if necessary, it appears that:(a) It does not disclose a cause of action;
(b) The relief claimed is undervalued and the plaintiff on being required to correct the
valuation within the time fixed by the Court has failed to do so; or
(c) The suit is one which the Court is incompetent to try.
CHAPTER 2.
SUMMONS
38.
Contents of Summons:(1) Where the plaint is presented in the proper form required by section 35 or duly
amended in accordance with section 36 the Court shall, if it does not reject the plaint
under section 37, order that the plaint be allowed and the fees to be paid and shall
issue summons in the prescribed form containing a precise statement of the reliefs
claimed, to the defendant to appear and answer at a named time and place, and it shall
be signed by the Judge.
(2) when fixing the date of hearing, the Court shall allow sufficient time between service
of summons and date so fixed for hearing.
(3) The Court may order that a copy of the plaint be attached to the summons.
(4) Court fees shall be paid within seven days from the date on which payment is
ordered, otherwise the plaint shall be dismissed.
39.
Service of Summons:(1) Service of summons shall be effected by officials of the Court unless the Court
reason to direct otherwise, or if the law directs otherwise.
sees
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