Order 4 rule 1 - institution of suit
Mr Sreejit
(Querist) 08 July 2018
This query is : Open
Dear Veterans and Experts,
Greetings from Sreejit,
Can anybody pls explain if a suit instituted with infirmity as described under O 4 R 1, it., if O 6 and/or O 7 not duly complied with, it is said in O 4 R 1 (3) that the 'The plaint shall not be deemed to be duly instituted unless it complies with the requirements specified in sub-rules (1) and (2)'
Does this mean the suit is liable to be dismissed and the infirm Plaint 'In-Limine' liable to be rejeected/dismissed ?
By any measure, the impositions under O 4 R 1 r/w compliance to runes under O 6 & O 7 amounts to the effect of REJECTION OF PLAINT O 7 R 11 (d) which states 'where the suit appears from the statement in the plaint to be barred by any law;' [whereas, law, here include CPC O 6 & 7 too]
Any clarification required is welcome.
One request to experts, please avoid comment as 'I GO WITH THE EXPERTS' it is so awful one.
Thanks,
Sreejit.
