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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order VII: Plaint

Order VII Rule 16 CPC: Suits on lost negotiable instruments

Bare Act text

16. Suits on lost negotiable instruments.—Where the suit is founded upon a negotiable instrument, and it is proved that the instrument is lost, and an indemnity is given by the plaintiff, to the satisfaction of the Court, against the claims of any other person upon such instrument, the Court may pass such decree as it would have passed 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.

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

Where the suit is founded on a negotiable instrument and it is proved that the instrument is lost, and the plaintiff gives indemnity to the Court's satisfaction against the claims of any other person on it, the Court may pass the decree it would have passed had the instrument been produced with the plaint and a copy filed.

Order VII: Plaint

  1. 1 Particulars to be contained in plaint
  2. 2 In money suits
  3. 3 Where the subject-matter of the suit is immovable property
  4. 4 When plaintiff sues as representative
  5. 5 Defendant’s interest and liability to be shown
  6. 6 Grounds of exemption from limitation law
  7. 7 Relief to be specifically stated
  8. 8 Relief founded on separate grounds
  9. 9 Procedure on admitting plaint
  10. 10 Return of plaint
  11. 10A Power of Court to fix a date of appearance in the Court where plaint is to be filed after its return
  12. 10B Power of appellate Court to transfer suit to the proper Court
  13. 11 Rejection of plaint
  14. 12 Procedure on rejecting plaint
  15. 13 Where rejection of plaint does not preclude presentation of fresh plaint
  16. 14 Production of document on which plaintiff sues or relies
  17. 15 Statement in case of documents not in plaintiff’s possession or powers (Omitted)
  18. 16 Suits on lost negotiable instruments
  19. 17 Production of shop-book
  20. 18 Inadmissibility of document not produced when plaint filed (Omitted)
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