1995 (1) TMI 399

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....on the preliminary issue as to whether the suit is barred by limitation. No doubt, this appeal itself is filed with an application for condonation of delay u/S. 5 of the Limitation Act, but for deciding the point raised in (he appeal, we are not taking notice of the S. 5 application. The first respondent filed a suit for recovery of damages for the tort of libel. The alleged insinuation i....

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....ng the plaint were not attested as true copies ; (iii) the photo copy of a document was in Hindi and it was neither accompanied by translation in English nor the translation charges were paid. Therefore, the plaint was returned to the plaintiff on 15.9 1987 for rectifying objections. It was, however, refiled on 16.10 1987. On 17.10.1987 the Registry returned the plaint pointing out that objection ....

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....) Rules, 1967 framed u/Ss. 122 and 129oftheC.P.C. and S. 7 of the Delhi High Court Act, 1966. The relevant rules are : "1. Presentation at the counter-All plaints, applications and documents shall be presented by the plaintiff, at the filing counter. All such documents filed in Court shall be accompanied by an index in duplicate containing their details. The amounts of court fee affixed o....

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...., 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. (c) Any party aggrieved by any order made by the Registrar under this rule may, within fifte....