M. PATTABHIRAMA MUDALIAR Vs. A. KRISHNADEVI AND OTHERS

JUDGEMENT

(1.) The facts giving rise to this revision petition are somewhat of rare occurrence. One Ayyasami filed a plaint in the Court of the Subordinate Judge of Chingleput, through an advocate on 2nd December, 1969. Only a portion of the court -fee was affixed on the plaint. Ayyasami died on 17th December, 1969. The advocate, however, affixed the deficit court fee of Rs. 662.50 on 22nd December, 1969 without any vakalat from the heirs of the said Ayyasami. The plaint was returned on 23rd December, 1969 for furnishing a neat copy of the plaint. The advocate did so and represented the plaint on 16th January, 1970. The suit was numbered on 5th February, 1970. On 17th March, 1970 a petition was filed by the legal representatives of Ayyasami to bring themselves on record and they gave vakalat to the same advocate. On 15th July, 1974, when the suit came on for trial, the first defendant filed an application (I.A. No. 528 of 1974) under Order VII rule II and S. 151 of the C.P.C., praying that the suit might be dismissed on the facts stated above. The contention of the first defendant was that whatever the advocate did between 17th December, 1969 and 17th March, 1970 was without authority and that therefore the numbering of the suit on 5th February, 1970 was not valid.

(2.) The learned Subordinate Judge overruled this contention and dismissed I.A. No. 528 of 1974, Against that order the present revision petition has been filed by the first defendant

(3.) Mr. T.R. Srinivasa Iyer, learned counsel for the petitioner, urges before me that the vakalat of the advocate ceased on 17th December, 1969, that therefore whatever he did between 17th December, 1969 and 17th March, 1970 was without authority and was illegal, and that therefore there was no valid affixture of the court fee stamp and no valid re -presentation of the plaint, in order to justify the court numbering the plaint on 5th February, 1971. In support of this contention he cites the decision of Rajamannar, C.J., and Chandra Reddy, J., in Venkataseshamma v/s. Ranganayakamma, (1950) 1 M.L.J. 79 :, 63 L.W. 70, (cited before the learned Subordinate Judge also) and the decision of the Allahabad High Court in Muhammad Ali Khan v/s. Jos Ram, I.L.R. 36 (All 46).