- (1.) The Court: This application is arising out of a commercial suit claiming money decree, enquiry into damages, interest and other consequential reliefs.
(2.) The application is made by the defendant in this court by way of Master summons for the purpose of dismissing the suit for non-service of writ of summons.
(3.) Mr. Sumit Talukdar, learned counsel appearing for the petitioner has drawn my attention to the chapter 8 Rule 6 and Chapter 10 Rule 35 of the Original Side Rules and submitted that in the earlier, unless time extended, summons shall be taken out and delivered to the Sheriff within 14 days from the filing of the plaint or the date of the order of amendment and in the later, when the suits and proceedings, which have not appeared in the prospective list within six months from the date of institution, may be placed before a Judge in Chambers for the purpose of dismissal for default. Writ of summons is right of the defendant from which a returnable date of the suit is available. Even acceptance of the copy of the plaint cannot be regarded as waiver as to the non-service of writ of the summons.;