ASHOK KUMAR KESHARI Vs. MANIKA GUPTA

JUDGEMENT

(1.) IA No.1742/2012 (u/O. 7 R. 11 CPC by D-1 & 2) and IA No.2193/2013 (u/O. 7 R. 11 CPC by D-5, 7 & 8)

(2.) The grounds articulated in the application are broadly as follows : First, that the suit filed which is a suit for defamation is barred by limitation. Second, the plaint has not been verified in accordance with the provisions of Order VI Rule 15 of the Code of Civil Procedure, 1908 (in short CPC). In this behalf, it is stated that the verification of the plaint is by one, Mr. Suresh Kumar Keshari, said to be the brother of the plaintiff. It is averred that Sh. Suresh Kumar Keshari not being, in any way personally involved with or in the knowledge of the allegations made in the plaint could not have verified the plaint in the manner in which the verification has been carried out. Lastly, the suit as instituted by Mr. Suresh Kumar Keshari on behalf of the plaintiff is without authority in as much as it is based on a special power of attorney which empowers the power of attorney holder to deal with the property of the plaintiff and not institute a suit for defamation.

(3.) In the background of what is stated above, all that, I am required to see, at this stage, while dealing with the captioned applications is, the averments made in the plaint.