- (1.) THIS application has been made by the plaintiffs on 12th June, 1986, inter alia, for leave to lodge fresh writ of summons for service upon the defendant through the Baillif of this Court and also under registered post with acknowledgement due and for extension of returnable date of the Writ. Since the said application was mislaid another application on identified terms to be filed today. Let it be kept on record.
(2.) THE suit was instituted on 10th November, 1977 but the writ of summons has not been served upon the defendants till the date of this application made in June, 1986. The ground urged for non service of writ of summons upon the defendant has been stated by the plaintiffs in paragraph 3 and 4 of the petition. It is stated that due to bonafide inadvertence, no steps were taken for lodging the writ of summons with the Sheriff for service upon the defendants as the petitioner's Advocate on record was lying seriously ill. It is also stated that the learned advocate on record after making enquiries same to know on 20th February, 1986 that the summons had not boon lodged with the Sheriff for service upon the defendants.
(3.) MR. S. K. Mullick, Advocate appearing for the plaintiff has relied on Older 9 Rule 5 of the Civil Procedure Code and also on an unreported judgment of this Court in the case of Tusnial Trading Co. v. Himangshu Kumar Roy and Ors. in Appeal No. 318 of 1982 (Suit no. 818 of 1978 ). The judgment was delivered by the Division Bench presided over by R. N. Pyne, J. on 20th March, 1985.;