This judgment is about the Delhi High Court holding that curable procedural defects in a plaint do not make the filing non-est, and that upon removal, the suit relates back to the original date of presentation for limitation.

Case Snapshot

• Case Name: LTU Lufttransport Unternehmen GmbH (now merged into Air Berlin PLC & Co. Luftverkehrs KG) v. Airports Authority of India

• Citation / Neutral Citation: RFA 277/2022; CNR No. DLHC010249402022; 2026 DHC 9640

• High Court: High Court of Delhi at New Delhi

• Bench: Hon'ble Ms. Justice Neena Bansal Krishna

• Date of Judgment: 30.10.2026

• Area of Law: Code of Civil Procedure — Section 26, Order IV, Order VI, Section 149; Limitation Act, 1963 — Sections 3, 4, 19; Summary Suit under Order XXXVII

Judgment Headline

Delhi High Court Holds Curable Plaint Defects Relate Back to Original Filing Date

The Judgment in One Line

The Delhi High Court allowed a recovery appeal, holding that procedural objections to a plaint do not render the filing non-est, and upon removal, the su

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