1. These are three applications for revision of the order of the Munsif of Bihar declining to restore three rent suits under O. 9, R. 4 of the CPC. The plaintiff was called upon to file process-fees and copies of the plaint by 16th November 1937, but on that date nothing had been done. The suits were accordingly dismissed. The order of the Munsif was illegal because he has no power to require a plaintiff to file process-fees before fixing a date for the appearance of the defendant.
2. The plaintiff may elect, if he pleases to secure the presence of the defendant without issue of process at all; but if by the date fixed for the defendant's appearance, the defendant does not appear and the plaintiff has not paid process-fees and taken the necessary steps for issue of process, the suit is liable to be dismissed under O. 9, R. 2. The proper order on 1st October 1937, would have been an order fixing a date for the appearance of the defendant and directing the plaintiff to file process-fees within a reasonable period short of that date. The suit could not have been dismissed on the date fixed for filing the process-fees; but if the plaintiff had defaulted, the suit could then have been dismissed on the date fixed for the defendant's appearance if the defendant had failed to appear. The orders of the Munsif must be set aside and the suits restored. These applications are allowed.
N.S/R.K
3. Applications allowed.