AIR 1987 DELHI 74 ::(1986) 30 DLT 307 ::(1986) 11 DRJ 169 ::(1987) 1 CurCC 706

Delhi High Court

Hon'ble Judge(s): M. K. Chawla , J

(A) Civil P.C. (5 of 1908) , O.9 R.3, O.6 R.1, O.4 R.2— Delhi High Court Rules and Orders (Vol. 3) , Vol.I Chap.1(J)— Plaint presented - Preliminary date for examination of plaint fixed - Plaintiff expected to appear and receive notice of date fixed for hearing - Such date is not for hearing - Dismissed of suit for son-appearance of plaintiff is illegal. When a plaint is presented the suit is thereby instituted under O.6, R.1 and the suit must forthwith be entered in the register of the civil suits in accordance with O.4, R.2. It is made obligatory as per the High Court Rules one Orders that when a plants is presented the Court shall fix a short preliminary date it order to permit examination of the plaint. Or this preliminary date the plaintiff is expected to appear to receive notice of the date fixed for hearing of the suit. The preliminary date is not a date fixed for hearing and therefore the provisions of O.9 do not apply and dismissal of the suit for non-appearance of the plaintiff on that date is illegal. It is not a case where notice to the defendant had been issued thereby bringing the dismissal within O.9, R.3. The only course left with the Court is to issue notice to the plaintiff for his appearance and then issue the summons to the defendant for his appearance. If in that situation the plaintiff failed to appear then the dismissed of the suit cou....