APCRPCO Section 9 : Cause -- Title of Plaint etc

Act

Summary

Section 9 of the Andhra Pradesh Civil Rules Of Practice And Circular Orders, 1990, outlines the requirements for the cause-title in legal documents. It specifies that plaints and petitions must include the court's name and parties' details. Memoranda of appeal should list the courts involved and parties as appellants and respondents. Subsequent proceedings must follow similar formatting, with a brief description of contents included.

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Explanation using Example

Example 1: Filing a New Lawsuit

Introduction: An individual, Mr. Rao, wishes to file a lawsuit against his neighbor, Mr. Sharma, for encroaching on his property in Hyderabad.

Application: According to Section 9(a) of The Andhra Pradesh Civil Rules Of Practice And Circular Orders, 1990, Mr. Rao must prepare a plaint with a cause-title. This cause-title should include the name of the court (e.g., District Court of Hyderabad) and the names of the parties involved, clearly labeled as plaintiff (Mr. Rao) and defendant (Mr. Sharma).

Outcome: If Mr. Rao fails to include a proper cause-title, the court may reject the plaint for non-compliance with procedural requirements. This could delay the proceedings and require Mr. Rao to refile the document correctly.

Conclusion: Compliance with Section 9(a) ensures that the lawsuit is properly filed and avoids unnecessary delays. Mr. Rao should ensure all details are accurate and complete to facilitate a smooth legal process.

Example 2: Filing an Appeal

Introduction: Ms. Lakshmi, dissatisfied with a lower court's decision in a civil dispute, decides to appeal to the High Court of Andhra Pradesh.

Application: Per Section 9(b), Ms. Lakshmi must prepare a memorandum of appeal with a cause-title. This should include the names of the courts involved (e.g., from District Court to High Court), and the parties, labeled as appellant (Ms. Lakshmi) and respondent (the opposing party). The full cause-title from the lower court's decision must also be included.

Outcome: If Ms. Lakshmi omits the full cause-title from the lower court, her appeal could be dismissed or delayed, requiring correction and resubmission.

Conclusion: Proper adherence to Section 9(b) ensures the appeal is processed without procedural issues. Ms. Lakshmi should double-check all details to avoid complications.

Example 3: Subsequent Proceedings

Introduction: After filing a plaint, Mr. Kumar needs to submit additional documents related to his ongoing case.

Application: According to Section 9(c), all subsequent proceedings must include a cause-title as in Form No. 1. This ensures continuity and clarity in the case documentation.

Outcome: Failure to include the correct cause-title may result in the court rejecting the documents, causing delays in the proceedings.

Conclusion: By following Section 9(c), Mr. Kumar ensures that all documents are properly filed and recognized by the court, maintaining the integrity of the legal process.

Example 4: Description of Contents

Introduction: Ms. Reddy is submitting a petition to the court regarding a family dispute.

Application: As per Section 9(d), the petition must contain a short description of its contents immediately after the cause-title, following Form Nos. 5 & 6.

Outcome: If Ms. Reddy omits this description, the court may find the document incomplete, potentially leading to a request for resubmission.

Conclusion: Including a description of contents ensures clarity and helps the court quickly understand the nature of the petition, facilitating efficient processing.

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