J&K&L HC Quashes 65-Year-Old's Detention, says Cattle Smuggling isn't Public Disorder  ||  Karnataka HC Bars Denial of MV Inspector Posts over Experience with Non-Existent HGV/HPV Vehicles  ||  P&H HC: Lengthy Incarceration alone is No Substantial Change for Repeat Bail Plea  ||  Meghalaya HC Flags Amicus' Non-Appearance amid Lawyers' Strike, Stresses Loyalty to Justice  ||  MP HC: Arms Act doesn't allow Sports Firearm Licence Conversion to Self-Defence Category  ||  Delhi HC: Public Funding of LTC, CGHS Benefits doesn't Mandate Personal Disclosure under RTI  ||  Delhi HC: Fake Caste Certificate alone cannot Justify Removing Advocate from State Rolls  ||  Delhi HC Refuses to Stop Sale of 47 Law Books in Family Copyright Dispute  ||  Supreme Court: S. 394 IPC Conviction Requires Proof of Robbery or Attempted Robbery  ||  Supreme Court Questions MP HC's Cryptic Reduction of Murder Conviction as 'Shocking'    

Alka Kasana v. Indian Institute of Technology - (High Court of Delhi) (24 Aug 2015)

Failure of suit to comply with CPC at time of commencement does not lead to an automatic rejection of the plaint

MANU/DE/2423/2015

Civil

The court cannot dismiss a suit or reject a plaint for the Plaintiff's failure to provide an affidavit in support of the pleadings at the time of commencement of the suit. The Defendant had argued that the Plaintiff, a student suing for chemical burns suffered at the Defendant Institute, had not filed an affidavit at the time of filing the plaint. Dismissing the Defendant's application, the Court held that the amendment to the Civil Procedure Rules requiring an affidavit was done for quicker disposal of the suit by “fixing responsibility on the party”; failure to comply with the same would not result a rejection of the suit, without examining its merits.

Relevant : Order IV Rule 1 Code of Civil Procedure, 1908 Act Rajeshwarha vs. Sushma Govil MANU/DE/0335/1988 Vidyawati Gupta and Ors. Vs. Bhakti Hari Nayak and Ors. MANU/SC/0921/2006

Tags : COMMENCE   PLAINT   AFFIDAVIT   LIMITATION  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved