ANATHA RAM Vs. ADDL CIVIL JUDGE

JUDGEMENT

(1.) This writ petition is directed against the order dated 21.11.1985 whereby respondent No. 1 rejected the application of the petitioner for putting his signatures on the plaint and vakalatnama.

(2.) The petitioner filed Suit No. 32 of 1977 for ejectment of defendant No. 1 and for demolition of construction raised by him. The suit was contested by three defendants by filing three separate written-statements. The parties led evidence in the case and the suit was dismissed on merits. The trial court further held that the plaint was not signed by the plaintiff but it was signed by his son Lakshmi Narain and as such, the plaint was not properly presented. The petitioner preferred an appeal against the judgment of the trial court. During the pendency of the appeal, he filed an application that he may be permitted to put his signatures on the plaint and vakalatnama. This application has been rejected by the Court by the impugned order dated 21.11.1985.

(3.) The pleading is to be signed in accordance with Order VI, Rule 14, C.P.C. which provides that every pleading shall be signed by the party and his pleader (if any) : provided that where a party pleading is, by reason of absence or for other good cause, unable to sign the pleading, it may be signed by any person duly authorized by him to sign the same or to sue or defend on his behalf. Order VI. Rule 15, C.P.C. provides for the verification of the plaint.