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BOMBAY HIGH COURT
Sawant, J.
Union Bank of India v. M/s. Sunpac Corporation and Others
| Table of Content |
|---|
| 1. necessity of obtaining leave before presenting a plaint. (Para 1 , 2) |
| 2. scrutiny process of the plaint before admission. (Para 3) |
| 3. confusion between presentation and admission stages impacts procedure. (Para 4 , 5) |
| 4. directs office not to return plaint but require leave for admission. (Para 6) |
1. 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 Cl.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 O.IX, R.1,
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