High Court of Delhi

Alka Kasana v. Indian Institute of Technology

MANU/DE/2423/2015

24.08.2015

Civil

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

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

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