The date of presentation of a plaint for limitation purposes depends on the nature of defects found in the plaint. If the defects are substantial, the date of presentation would be the date of refiling after removal of defects. If the defects are formal or ancillary, the date of presentation would be the date of original presentation.

( 1 ) THIS order would decide the following preliminary issue :

"whether the suit is barred by Umitation ?"

( 2 ) THE suit is for recovery of damages for the tort of libel. The alleged insinuation is said to have been made on 11-9-1986 in a newspaper. The plaint was prepared on 10-9-1987 and presented before the officer authorised to reccivc the plaint on the same day. The relevant office noting arc illegible to a large extent. However, whatever can be ascertain is briefly stated hereinafter.

( 3 ) THE office found the presentation of the plaint to be defective on three counts : (i) the certified copy of the order accompanying the plaint did not bear the court fee stamp of 75 paise (ii) photo copies of documents accompanying the plaint were not attested as true copies (iii) a photo copy of the document was in Hindi and was not accompanied by transition in English nor the translation charges were paid.

( 4 ) ON 15-9-1987. the plaint was returned to the plaintiff for rectifying the objections. It appears to have been represented on 16-10-1987. On 17-10-1987 the office again returned the plaint pointing out objection No. 3 having not been removed. The plaint was represented on the same day and directed to be listed before the Registrar for hearing on admission on 29-10-1987, whereafter summons were directed to be issued to the defendants.

( 5 ) IT is submitted on behalf of the defendants that the initial presentation on 10-9-1987 was defective and the plaintiff consumed unnecessary time in representing the-plaint after removing the defects which period he has neither explained as having been lost bona fide. nor sought to be condoned by making an appropriate application and hence cannot be excluded for "the purpose of counting the period of limitation. It is further submitted that the plaint would be deemed to have been presented on 16-10-3987 on which day the suit was barred by limitation Rules 1 and 2 of Chapter 4 of Delhi High Court (Original Side) Rule, 1967 framed in exercise of powers conferred "by Sections 122 and 129 of CPC and Section 7 of the Delhi High Court Act. 1966 read as under :

"1. Presentation at the counter. All plaints, petitions, applications and documents including application for leave to sue in forma paupris shail be presented by the plaintiff, petitioner applicant, defendants or respondent in person or by his duly authorised agent or by an advocate duly appointed by him for the purpose, at the filing counter. All such documents filed in Court shall be accompanted by an index in duplicate containing their details. The amounts of court fee affixed or paid on any such document shall also be indicated at the index. Sufficient number of copies of the plaint, petition or application shall also be filed for service on the opposite party.

2. Endorsement and scrutiny of document.- (a) The officer in charge of the filing counter shall endorse the date of receipt on the plaint, petition, application, or proceedings and also on the duplicate copy of the index and return the same to the party. He shall enter the particulars of all. such documents in the register of daily filing and thereafter cause it to be sent to all the office concerned for examination If on scrutiny, the document is found to be defective, such document shall, after notice to the party filing the same, be placed before the Registrar. The Registrar may for sufficient cause return the said document for rectification or amendment to the party filing the same, and for this purpose may allow to the party concerned such reasonable time as he may consider necessary. "

(B) Where the party fails to take any step for the removal of the defect within the time fixed for the same, the Registrar may, for reasons to be recorded in writing decline to register the document.

(E) Any party aggrieved by any order made by the Registrar under this rule may, within fifteen days of the making of such order, appeal against it to the judge in Chambers. (emphasis sup