MUNNA KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The order dated 18.8.2012 is put to test in this petition filed under Article 227 of the Constitution. The plaintiff preferred an application before the court below under section 151 of CPC and it is stated that the respondents have not followed the mandate of Order 11 Rule 13 CPC and the affidavit filed by them is not as per the authority of Railway Board Notification dated 4.6.1992. In other words, it is stated that as per the notification R.B.E. No. 91/92 dated 4.6.1992, the affidavit/verification can be done only by officers, whose names find place in the said notification and the Junior Engineer's designation does not figure in the said notification and, therefore, the court below should have disallowed Annexure P-4.

(2.) I have heard learned counsel for the parties and perused the record.

(3.) A bare perusal of R.B.E. No. 90/91 aforesaid shows that powers are conferred to certain officers for the purpose of filing plaints and written statements. The court below has rejected the application of the petitioner on the ground that the said notification deals with only plaints and written statements and it does not deal with affidavit etc. Learned counsel for the petitioner despite repeated query is unable to satisfy as to how the RBE No. 90/91 is applicable on other applications/affidavit etc. when it is specifically mentioned that it is issued only for the purpose of authorizing officers to sign plaint and written statement. The court below has also rejected the application on this ground.