Sharma, J. —This is an application by Latoor Nath plaintiff to revise the order of the Munsif, Hindaun, dismissing the plaintiffs suit under Order IX, Rule 2, of the Code of Civil Procedure. The reason for dismissal was that the plaintiff did not file a copy of summons to the Collector, Sawai Madhopur, sufficiently before the 20th of January, 1951 which was fixed in the case. 2. It has been argued by the learned counsel for the applicant that under O. IX, R. 2, of the Code of Civil Procedure, the suit could be dismissed only if the summons had not been served upon the difendant in consequence of the failure of the plaintiff to pay the court-fee or postal charges, if any, chargeable for such service. The plaintiff had deposited process-fee, and the only thing that was required of him was to file a summons to the Collector, Sawai Madhopur. This summons was filed on the 17th of January, 1951. So the plaintiff had complied with the orders of the court, and it was for the court to issue the summons to the Collector after it had been filed on the 17th of January, 1951. The suit could not be dismissed under O. IX, R. 2, merely on account of summons being filed rather late. 3. On behalf of the opposite party, Mr. R.K. Rastogi has argued that the plaintiff was very negligent in the conduct of the case. He was given several opportunities, but he never took steps in lime. The suit was, therefore, rightly dismissed. 4 In this revision the only point that I have got to see is whether the summons had not been served on the Collector, Sawai Madhopur, in consequence of the failure of the plaintiff to pay the court-fee or postal charges, as a suit can be dismissed under O. IX, R. 2, only for such a failure and for no other. I find from the record that process fee had been deposited by the applicant long before, and what he was required to do was to file a summons and a copy of the plaint for service on the Collector. Of course, the summons was filed rather late as after the order of 20th December, 1950, the plaintiff ought to have filed it within a reasonable time. Of course, the summons was filed rather late as after the order of 20th December, 1950, the plaintiff ought to have filed it within a reasonable time. However, this could not entail dismissal of suit under O. IX, R. 2, of the Code of Civil Procedure. As has been said above, it could only be done if the process fee or postal charges (if any chargeable) had not been filed, which is not the case. 5. The learned Munsif, Hindaun, therefore, acted clearly in breach of the provisions of O. IX, R. 2, of the Code of Civil Procedure, and thus committed an illegality in the exercise of his jurisdiction. 6. The application is allowed, and the order of the learned Munsif dismissing the suit under O. IX, R. 2, of the Code of Civil Procedure, is set aside. In view of the fact, however, that the plaintiff did not file summons within a reasonable time, I do not award him any costs of this revision