BHANU PRATAP MEHRA Vs. BRIJ LEASING P LTD

JUDGEMENT

(1.) By means of the present revision the revisionist is challenging the order dated 11.1.2011 passed by the Additional District Judge, Court No. 10, Agra by which the application of the revisionist 65-C claiming rejection of plaint summarily has been rejected.

(2.) M/s Brij Leasing (P) Ltd. filed a Suit No. 812 of 2009 through its Director Sri Avin Jain against the revisionist. The plaint was duly signed and verified by Sri Avin Jain. The plaint was filed through counsel Sri N.K. Gupta, who has also signed the plaint. The suit was for specific performance. The Defendants have filed written statement specifically disputing the authority of Sri Avin Jain, to sign, verify and institute the suit on the behalf of the company as no documentary proof had been filed at the time of presentation of the suit in compliance of Order 7 Rule 14 read with Order 29 Rule 1 of the Code of Civil Procedure, 1908 (hereinafter referred to as "Code of Civil Procedure").

(3.) The Respondents filed an interim stay application on which the revisionist filed objection about the maintainability of the stay application. On 4.1.2011, the Defendants filed an application for the dismissal of the suit on the ground that no proof specifying the power to sign, verify and institute has been tendered in the present suit as per the requirement of Section 291 of the Companies Act, 1956 (hereinafter referred to as the "Act"). The said application is marked as 65-C. The said application has been rejected by the Court below vide impugned order dated 11.1.2011. Hence, the present revision.