LATOOR NATH Vs. GOPESHWAR

JUDGEMENT

(1.) This is an application by Latoor Nath plaintiff to revise the order of the Munsif, Hindaun, dismissing the plaintiff's suit under Order IX, Ru e 2, of the Code of Civil Procedure. The reason for dismissal was that the plaintiff did not file a copy of summons to the Collector, Sawai Malhopur, sufficiently before the 20th of Jan., 1951, which was fixed in the case.

(2.) It has been argued by the learned counsel for the applicant that under O. IX, R. 2, of the Code of Civil Procedure, the suit could be dismissed only if the summons had not been served upon the defendant in consequence o the failure of the plaintiff to pay the court-fee or postal charges, if any, chargeable for such service. The plaintiff had deposited process fee, and the only thing that was required of him was to file a summons to the Collector, Sawai Madhopur. This summons was filed on the 17th of Jan., 1951. So the plaintiff had complied with the orders of the court, and it was for the court to issue the summons to the Collector after it had been filed on the 17th of Jan., 1951. The suit cool 1 not be dismissed under O. IX, R. 2, merely on account of summons being filed rather late.

(3.) On behalf of the opposite party, Mr. R K. Rastogi has argued that the plaintiff was very negligent in the conduct of the case. He was given several opportunities, but he never took steps in time. The suit was, therefore, rightly dismissed.