ENDORIS v. HAMINE

C. R., Balapitiya, 1,414.

Civil Procedure Code, ss. 247 and 48-Date of institution of action- Return of plaint for amendment-Rejection of plaint-What facts to be specified by Judge in his order returning plaint for amendment. Where a plaint, presented within the time prescribed for the institution of an action under section 247 of the Civil Procedure Code, was returned for amendment, and was presented again duly amended, after the period of fourteen days from the time of the first presentation had expired-Held, on objection, that the action was not instituted too late.

When a Judge declines to entertain a plaint and returns it for amendment, he must make an order specifying the date when the plaint was presented, the name of the person by whom it was presented, whether such person was the plaintiff in person or a proctor, and the fault or defect constituting the ground of the return; and every such endorsement must be signed by the Judge and filed of record.

Semble, per Bonser, C.J.--When a plaint is rejected and a fresh plaint has to be filed, the institution of the action must be dated the day on which the new plaint is