NARAYANAN NAIR Vs. JOHN KURIEN

JUDGEMENT

(1.) A litigation which commenced two decades ago is still away from its terminal periphery. During its chequered history, this case reached the High Court on an earlier occasion. This is the second time that this Court is called upon to decide this case. The only question to be determined now is whether the person who signed the plaint is the duly authorised agent of the person who figures as the plaintiff therein. If the answer is in the negative, the suit is liable to be dismissed for want of valid plaint.

(2.) The suit is for a mandatory injunction directing the defendants to remove portions of a sun-shade and window-shutters projecting into the property of the plaintiff. The name of the plaintiff as shown in the plaint is John. John who was residing at Madras when the suit was instituted. But the plaint has been signed by his brother Kurian who claims that John has authorised him to institute the suit. The defendants contended, inter alia, that Kurian is not the authorised agent of the plaintiff. Other contentions raised regarding the merits of the case are not very material for the purpose of this appeal. It is enough to point out that the Trial Court first repelled the contentions of the appellants and decreed the suit and the District Court dismissed the appeal, but the second appeal filed in this Court was allowed and the case was remitted to the Trial Court for disposal of the suit afresh. The question which this Court considered earlier was whether the signatory in the plaint is a recognised agent of the plaintiff as envisaged in O.3 R.2 of the Code of Civil Procedure (for short 'the Code'). This Court then held that the said Rule has no application in this case. However, this Court remanded the case to the Trial Court for disposal of the suit after deciding the question whether the person who signed the plaint has been duly authorised as provided in O.6 R.14 of the Code. After remand, the Trial Court found that Kurian was authorised by the plaintiff to institute the suit. Upon this finding, the Trial Court decreed the suit without considering the other contentions on merits as the learned Munsiff took the view that other issues concerning merits of the suit has already been determined before the remand. The appellants again went in appeal, but the appellate court Ibis time, after concurring with the Trial Court's finding that Kurian is the duly authorised agent of the plaintiff, remanded the case to the Trial Court for disposal of the suit after considering the merits of the case. The said remand order is challenged by the appellants in this appeal.

(3.) O.6 R.14 of the Code reads thus: