U SURESH MALLYA Vs. OKAZAKI SEKIZAI COMPANY LIMITED

JUDGEMENT

(1.) THE defendant in o. s. No. 1920 of 1995 pending on the file of xxxi additional city civil judge, Bangalore, being aggrieved by the order passed on la. No. Ix, has filed this revision under Section 115 of the Code of Civil Procedure.

(2.) THE brief facts relating to the controversy in question which are necessary for adjudicating the revision are referred to hereunder: okazaki sekizai company limited, a japan based company, constituted one Mr. T. Kobayashi as their power of attorney and filed the suit against the defendant for recovery of a sum of Rs. 33,00,000/ -.

(3.) THE evidence in the case is commenced and one Mr. Bhaktavat salam is examined as P. W. 1 on behalf of the plaintiff-company and has also filed power of attorney while giving evidence. The evidence of the plaintiff is closed. The defendant's evidence is also closed. At that stage, the defendant made an application, la. No. Viii, seeking production of Mr. T. Kobayashi for the purpose of cross-examination. In the counter- statement filed by the plaintiff to la. No. Viii, it is averred that Mr. T. kobayashi is presently no way connected with their company and that the plaintiff is unaware of the present whereabouts of Mr. T. Kobayashi. based upon such averments made in the counter-statement, la. No. Ix came to be filed for non-suiting the plaintiff on the ground that the plaintiff-company being a corporate entity and a juristic person, it is necessary in law that it should be represented by an individual; since Mr. T. Kobayashi has disassociated himself with the plaintiff-company, the latter is no more represented by any individual and as such, there is lacuna in continuing the suit which is fatal to the very prosecution of the suit.