list, and shall
produce it in Court when the plaint is presented
by him and shall, at the same time deliver the
document ... ought to be produced in
Court by the plaintiff when the plaint is
presented, or to be entered in the list to be
added
summons shall be issued when a defendant
has appeared at the presentation of plaint and admitted the
Plaintiff's claim:"
8. The purpose ... shall not be necessary for the Court in which the plaint is
presented after its return, to serve the defendant with a summons
for appearance
raised
and considering the invoice and the averments made in the present
plaint, in my view, the facts and documents of the Suits are
interlinked
moved by defendant
/ applicant herein requesting the court to return the plaint
presented by the plaintiffs / respondents herein for proper
presentation to the appropriate Court ... suit on that ground or direct
to return the plaint to the plaintiff for
presentation to the proper Court. In such a
case
view that the
prayers made in the plaint presented by respondent No.1/ original
plaintiff fall within the ambit of provisions of Chapter ... City Civil Court and the plaint shall
have to be returned to the plaintiff for proper presentation. The City
Civil Court shall pass an order
plaint under
Rule 11 does not preclude the plaintiffs from presenting a
fresh plaint in terms of Rule 13."
6 It is also necessary ... Indian
Partnership Act cannot be the foundation to reject the plaint, in the
present case.
8
The contention of the learned Senior Counsel appearing
laid down in the Section itself and as such, plaint presented by the
plaintiff claiming recovery of rent cannot be rejected.
7 Rule ... agreement registered,
he cannot be precluded or prohibited from presenting a plaint in
Civil Court seeking recovery of rent. The consequence of failure to
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plaintiff
no.1 who is present in the court, states that the plaintiffs propose to
present the plaint to the Civil Judge, Sr. Division, Pune ... return. I accordingly direct that plaintiffs may on return of the
plaint present the plaint in the Court of Civil Judge, Sr. Division,
Pune
regard to the limitation was raised by the parties. Therefore, in
the present facts and circumstances, as the parties had business
dealing since ... suit is instituted. -
(i) in an ordinary case, when the plaint is
presented to the proper officer;
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Whether in the absence of any particulars given either
in the plaint or in the oral evidence of the claim for
damages, the learned Judge ... damages)
(iv)As admittedly on the date on which the plaint was
presented in this court, the Defendant No.1 vessel was
not within
