1. This is a Chamber Summons taken out by the defendants for further and better particulars under Order 6, Rule 5 of the Code of Civil Procedure.

2. A preliminary objection was raised by Mr. Mody to the maintainability of the Chamber Summons on the ground that it is barred by the provisions of sub-rule (2) of Rule 5 of Order 6 of the Code of Civil Procedure, as framed under the Rules made by the High Court under Section 122 of that Code, in so far as it has not been taken out before the returnable date of the Summons which was the 26th day of June 1967. The answer of Mr. R. P. Bhat on behalf of the defendants to that preliminary objection raised by the plaintiff is two-fold: first, that the Rules framed under Section 122 of the Code of Civil Procedure do not apply to the Original Side of the High Court and, Secondly, that, if it is held that they do apply to the Original Side of the High Court, there has been no proper service of the Summons on the defendants, is view of the fact that a copy of the plaint was not served along with the Summons, as required by Order 5, Rule 2 C. P. C., as framed under the same rule-making power contained in Section 122 of that Code.

3. The point,