ALLAHABED BANK Vs. DESH SINGH BHAKHNA.

JUDGEMENT

(1.) THE suit filed by the appellant bank -in the trial Court has been rejected on the short ground that it was not filed in accordance with the provisions of Order 29, Rule 1 of the Code of Civil Procedure (hereinafter referred to as 'the Code') and the pleadings and the verification clause of the plaint were not duly signed by any authorised officer of the bank.

(2.) THE learned counsel appearing for the bank invited attention of this Court to the oral evidence of the A. C. Kulshrcshtha (PW 1), who appeared as the manager of Allahabad Bank, City Branch, Jabalpur and deposed that Shri A. L. Pahawa, the then Branch Manager, from whom he took charge, was the duly authorised officer of the bank to sign the pleadings and file the suit. The learned counsel appearing for the Bank contends that in terms of Order 29, Rule 1 of the Code Shri A. L. Pahawa being the principal officer of the City Branch of the bank at Jabalpur could verify the pleadings.

(3.) HAVING considered the submissions made by the parties, before me and on perusal of the judgment under appeal, in my opinion, the appellant bank could not have been non -suited on the ground of want of proof of authorisation for signing the plaint by the then Branch Manager Shri A. L. Pahawa. The provision of Order 29, Rule 1 of the Code reads as under :