regards presentation of the plaint, the trial Court held that the plaint had not been properly presented as it was presented by Mr. Shidhaye, Advocate ... regard to presentation Of the plaint, as already observed, the plaint need not be presented by plaintiff or sny person authorized by him. Presentation
such suits are
required to be presented before the Judge. In Rule 45
also the presentation of the plaint is contemplated
before the Judge only ... submission of the plaint in duplicate is concerned,
there is no issue involved to that effect. The plaint,
in the present matter, has been lodged
plaint under this sub-rule.)
(2) Procedure on returning plaint- On returning a plaint,
the Judge shall endorse thereon the date of its
presentation ... plaint.
The Supreme Court held that it is a fresh plaint and the
amendment could be made in the plaint presented. In
paragraph
presentation, examination and registration etc., of plaints. Paragraph 7 in that Chapter provides that a plaint may be presented at any time during the Court ... hours of a plaint to an officer of Court authorised to receive plaints within office hours only is not a presentation unless ratified
plaints are admitted."
21. Rule 45 of the Rules 1980 reads as under:
"45. Plaint to be lodged before presentation.- A plaint ... filing the plaint. The plaint, which does
not comply with the rules contained in Order VI and VII, is
not a valid plaint. The Court
plaints are admitted."
21. Rule 45 of the Rules 1980 reads as under:
"45. Plaint to be lodged before presentation.- A plaint ... filing the plaint. The plaint, which does
not comply with the rules contained in Order VI and VII, is
not a valid plaint. The Court
plaints are admitted."
21. Rule 45 of the Rules 1980 reads as under:
"45. Plaint to be lodged before presentation.- A plaint ... filing the plaint. The plaint, which does
not comply with the rules contained in Order VI and VII, is
not a valid plaint. The Court
November, 2011 for presentation to the
proper Court.
9. It is not in dispute that in pursuance thereof, the plaintiffs
presented plaint in the Small ... good faith. Immediately, after the plaint
was returned to the plaintiffs on 21st November, 2011, the plaint was presented
8 of 18
::: Uploaded
September 1925, the learned First Class Subordinate Judge returned the plaints for presentation to the proper Court, on the ground that the Secretary of State ... suits, he had no jurisdiction to try the suits. The plaints were presented to the District Court and numbered as Suits
rejection of the plaint. If, however, the court does not reject the plaint, what does it do? It admits the plaint. And when ... admission of the plaint, but the procedure adopted in registering the plaint and issuing process is tantamount to admitting the plaint. When the plaintiff
