(1.) This order will dispose of plaintiff's application under Order 13 Rule 2, read with section 151 Code of Civil Procedure, seeking leave of the court to file copies of the resolution dated 27 June 1989 and General Power of Attorney dated 10 August 1989, not filed either with the plaint or on settlement of issues.
(2.) The facts giving rise to the application are that the plaintiff, a public limited company, filed the present suit for specific performance of the agreement to sell dated 13 August 1986, which it claims to have entered into with the defendants in respect of property commonly known as 8, Community Centre, Saket, New Delhi-110 017. The plaint was signed and the suit was filed on behalf of the plaintiff company, by one Kamal Jhaveri in his capacity as the Power of Attorney holder of the plaintiff, having been authorised to do so by a resolution passed by the Board of Directors on 27 June 1989. In the plaint, it is averred that under the said agreement to sell the defendants agreed to sell the land and the building for a consideration of Rs.53,50,000.00; a sum of Rs.5 lacs was paid as part price by means of a cheque and the balance amount of Rs.48,50,000.00 was payable as provided in the agreement. In addition to the said agreement to sell, a lease deed was also executed between the parties and under the said lease the plaintiff was put in possession of the property.
(3.) The suit was resisted by the defendants, inter alia, on the plea that the plaint was not signed or the suit instituted by a competent person. It was denied that the said Kamal Jhaveri had been authorised to institute the suit, sign and verify the pleadings. The factum and validity of the alleged Resolution dated 27 June 1989 and the Power of Attorney purported to be in favour of Kamal Jhaveri was also denied. On the basis of the pleadings, issues were framed on 9 May 1994 and one of the issues so framed was: