GHANSHAM DASS Vs. RAM SINGH

JUDGEMENT

(1.) This is a defendant's revision petition against the order of the trial Judge dismissing their application under Section 151 of the Code of Civil Procedure praying that the plaintiff's suit be dismissed as not having been properly filed by a duly authorised person.

(2.) During the pendency of a pre-emption suit, when the proceedings had gone on for about two years, the defendants moved the above-mentioned application. It was stated therein that from the inspection of the file, it was discovered that the suit had not been properly instituted, because Mr. Sukhraj, Advocate, who was alleged to have filed the suit, had not been authorised by the plaintiff to do so, as there was no power of attorney executed in his favour by the plaintiff. The said Advocate had not even signed the power of attorney and as a matter of fact no other counsel from amongst those whose names were mentioned in the beginning of the power of attorney, had signed it. It was also said that when the plaint was presented on 16th December, 1967, the plaintiff was also not present and that being so, the suit had not been properly instituted and it should be dismissed on that ground.

(3.) This application was opposed by the plaintiff and on the pleadings of the parties, the following issues were framed :