P. B. MUKHARJI, J.

( 1 ) THIS is a battle over technicalities.

( 2 ) IT is an application by the defendant for dismissal of the suit under Order 9, Rule 5, Civil P. C. The notice of motion was taken out by the defendant firm on 4-9-1953 and by special leave made returnable on 8-9-1953. The notice of motion seeks first for an order that the suit be dismissed and then asks that if the suit be not dismissed, the time for filing written statement be extended.

( 3 ) TO appreciate the controversy the relevant facts should be set forth.

( 4 ) IT is a suit for libel where the plaintiff claims Rupees One Lakh as damages against the defendant firm. It was instituted on 7-9-1950. The writ of summons was issued on 15-9-1950 for service on the defendant. The returnable date of the writ of summons was 29-11-1950. Between 18-9-1950 and 25-6-1951, a period of about nine months, the plaintiff took no steps to have the summons served and he did not attend the Sheriff's office for such service. The Sheriff, therefore, on 29-6-1951 made the following return:"i do hereby certify that no one on behalf of the plaintiff company within-named attended at my office to have the within writ of summons serv

Click Here to Read the rest of this document