JUDGMENT - SAWANT P.B., J.: - In accordance with the practice followed so far, the office refuses to admit the plaint since the plaintiff before presenting the plaint had not obtained leave of the Court under Clause 12 of the Letters Patent and insists upon returning the plaint to the plaintiff for fresh presentation after obtaining the said leave.

2. There is no dispute that for filing the suit in question in this Court, leave under the said provision is necessary. The only question to be considered is whether it is necessary for the plaintiff to obtain it before presenting the plaint and whether it will not be a sufficient compliance of the provision if the same is obtained before the plaint is admitted to the register.

3. As per the present practice the plaint is presented to the Prothonotary and Senior Master of this Court who is the officer appointed for the acceptance of the plaint as per Order IX, Rule 1 of the Civil Procedure Code (hereinafter referred to as the Code). Then follows the next stage mentioned in Rule 2 of the said Order, namely, the entry of the particulars of the suit in the register of suits and their seriatim numbering according to the order in which the pl

Click Here to Read the rest of this document