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Judgment
Arun Bhansali, J. - This writ petition has been filed by the petitioner aggrieved against the order dated 19.10.2015 passed by the trial court, whereby the application filed by the petitioner purportedly under Order 5, Rule 2 CPC has been rejected.
The petitioner was served by a registered notice and on appearance, filed the present application, inter alia, indicating that as the summons were not accompanied by the plaint, the suit was liable to be dismissed.
The trial court on hearing the parties came to the conclusion that there is no provision providing for dismissal of suit if the summons are not accompanied by the plaint and rejected the application.
Having heard the learned counsel for the petitioner and having perused the material available on record, the prayer made by the petitioner before the trial court and the present writ petition are devoid of any substance, rather it can be assumed that the same have been filed malafiedly only with a view to delay the proceedings pending before the trial court.
There is no substance in the writ petition, the same is, therefore, dismissed.