5. Defendant’s interest and liability to be shown.—The plaint shall show that the defendant is or claims to be interested in the subject-matter, and that he is liable to be called upon to answer the plaintiff’s demand.
Order VII Rule 5 CPC: Defendant’s interest and liability to be shown
Bare Act text
Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.
In simple words
The plaint must show that the defendant is, or claims to be, interested in the subject-matter and that he is liable to be called upon to answer the plaintiff's demand.
Order VII: Plaint
- 1 Particulars to be contained in plaint
- 2 In money suits
- 3 Where the subject-matter of the suit is immovable property
- 4 When plaintiff sues as representative
- 5 Defendant’s interest and liability to be shown
- 6 Grounds of exemption from limitation law
- 7 Relief to be specifically stated
- 8 Relief founded on separate grounds
- 9 Procedure on admitting plaint
- 10 Return of plaint
- 10A Power of Court to fix a date of appearance in the Court where plaint is to be filed after its return
- 10B Power of appellate Court to transfer suit to the proper Court
- 11 Rejection of plaint
- 12 Procedure on rejecting plaint
- 13 Where rejection of plaint does not preclude presentation of fresh plaint
- 14 Production of document on which plaintiff sues or relies
- 15 Statement in case of documents not in plaintiff’s possession or powers (Omitted)
- 16 Suits on lost negotiable instruments
- 17 Production of shop-book
- 18 Inadmissibility of document not produced when plaint filed (Omitted)