MOHAMMAD MUNAWAR HUSSAIN Vs. USHA KIRAN CHIT FUNDS

JUDGEMENT

(1.) This revision is directed against the judgment and decree in Small Cause Suit No. 8 of 1999 dated 26th March, 2002 on the file of the learned Senior Civil Judge, Sathupalli.

(2.) The suit was one for recovery of money basing on chit agreement for an amount of Rs. 4,000/- and for subsequent interest. On examination of PWs-1 to 3 and getting marked Exs. A-1 to A-13 on behalf of the plaintiffs and on examination of DW-1 on behalf of the defendants, the Court below decreed the suit as prayed for. Against the said judgment and decree, as already referred above, this revision is filed before this Court.

(3.) The main point urged by the learned counsel for the petitioner Mr. Kilaru Khader Baba is that the very institution of the suit by the respondents herein is contrary to Rule 32 of the Civil Rules of Practice. According to' the learned counsel for the petitioner, when once a suit is instituted by the agent on behalf of the principal as contemplated under Rule 32, an affidavit is to be filed and the Court below, only after permitting the said agent, can proceed further with the suit, and in this connection the learned counsel has drawn my attention to Rule 32 of Civil Rules of Practice.