GURDEV SINGH DHILLON Vs. T S MAHAL

JUDGEMENT

(1.) . The plaintiff instituted a suit against the defendants through his attorney seeking for a decree of declaration that the plaintiff is the legal and rightful owner of the suit property and also for delivery of possession of the suit properly.

(2.) . In the plaint it is stated that the plaintiff is at present staying in the United States of America in view of business pre-occupation and, therefore, has instituted the present suit through his true and lawful attorney Shri G.R. Soni. It is also stated in the plaint that the plaintiff has executed a Power of Attorney in favour of Shri G.R. Soni, constituting and binding him as his lawful attorney with the powers to contest, sign, verify and File all legal proceedings for and on his behalf in this Court and even otherwise the power of attorney has been executed in favour of said Shri G.R. Soni to look after the interests of the plaintiff in the suit property. The plaint in the suit was also signed and verified by Shri G.R. Soni.

(3.) . After service of summons and notices in the suit and the interim applications, the defendants appeared in the suit and Filed an application under Order 7 Rule 11 CPC praying for rejection of the plaint on the ground that the suit has not been Filed and instituted by a duly authorised agent as permitted by law. In the said application it was stated that the documents Filed on record do not indicate any authorisation in favour of Shri G.R. Soni to File the suit and also to sign and verify the plaint and to take other steps in the suit on behalf of Shri G. S. Dhillon,the plaintiff. The aforesaid application was registered as I.A. 9486/1996 to which reply has also been filed by the plaintiff contesting the allegations made in the said application.