JUDGMENT - SAWANT P.B., J.: - In accordance with the practice followed so far, the office refuses to admit the plaint since the plaintiff before presenting the plaint had not obtained leave of the Court under Clause 12 of the Letters Patent and insists upon returning the plaint to the plaintiff for fresh presentation after obtaining the said leave. 2. There is no dispute that for filing the suit in question in this Court, leave under the said provision is necessary. The only question to be considered is whether it is necessary for the plaintiff to obtain it before presenting the plaint and whether it will not be a sufficient compliance of the provision if the same is obtained before the plaint is admitted to the register. 3. As per the present practice the plaint is presented to the Prothonotary and Senior Master of this Court who is the officer appointed for the acceptance of the plaint as per Order IX, Rule 1 of the Civil Procedure Code (hereinafter referred to as the Code). Then follows the next stage mentioned in Rule 2 of the said Order, namely, the entry of the particulars of the suit in the register of suits and their seriatim numbering according to the order in which the plaints are admitted. Order V, Rule 1 then states that it is only when the suit has been duly admitted that the summons is to be issued to the defendant or Defendants as the case may be, (emphasis supplied). This is also clear from the provisions of Order VII, Rule 9. 4. The Code itself, therefore, envisages two stages-first of the presentation of the plaint, and the next, of the admission of the plaint. The suit is not admitted to the register of the suits and a number given to it, merely on the presentation of the plaint. After the presentation, the plaint is scrutinised. If there are any defects in the same, the plaintiff is required to remove them. The removal of defects is a matter of procedure. It is only after the defects are removed that it becomes eligible for an entry and a number, in the register of suits. One of the defects can be the absence of leave of the Court to institute the suit where it is necessary, including leave under Clause 12 of the Letters Patent. It is only after the defects are removed that it becomes eligible for an entry and a number, in the register of suits. One of the defects can be the absence of leave of the Court to institute the suit where it is necessary, including leave under Clause 12 of the Letters Patent. So long, therefore, as the plaint is not admitted and entered in the register of suits, all defects including that of the absence of leave under the said clause, can be removed without returning the plaint. There is no question of returning the plaint which is not admitted. It simply remains under objection till it is admitted. 5. It is the confusion between the two stages viz. of the presentation of the plaint and of its admission to the register of suits after the removal of the defects if any, which is responsible for the faulty procedure adopted by the office. In some cases this procedure may affect the period of limitations which under the Limitation Act runs from the date of the presentation of the plaint and not from the date of its admission. A reference in this behalf can usefully be made to (Ramgopal Chunilal v. Ramsarup Baldevdas)1, 36 Bom.L.R. 84. 6. Hence I direct the office not to return the plaint for want of leave under Clause 12 of the Letters Patent but only require the plaintiff to obtain the leave and admit it to the register when the leave is obtained. Order accordingly. -----