AMOD KUMAR DAS Vs. RENU KUMAR DAS

JUDGEMENT

(1.) An order dated 25.5.2009 passed by learned Munsif, Birpur at Supaul in Title Suit No. 20 of 2000, holding the said suit not to be maintainable on the ground that it was incompetent from its very inception, inasmuch as the suit was filed by a person who was not duly authorized by the plaintiff; is impugned in the present application under Article 227 of the Constitution of India. I have heard Mr. Shashi Shekhar Dwivedi, learned senior counsel appearing on behalf of the petitioner and Mr. Dronacharya learned counsel appearing on behalf of the respondents at length.

(2.) The facts relevant for adjudication of the present application which are not in dispute are as under:--

(3.) The Title Suit No. 20 of 2000 was filed in the name of the petitioner in the Court of learned Munsif, Birpur, Supaul, through one Raj Kumar Das claiming to be holder of Power of Attorney given by the petitioner. In the suit, the plaintiff sought for a decree for specific performance of contract of sale on the basis of an agreement to this effect dated 15.11.1999. The said suit was admitted. Issues were framed and the evidence started. At that stage, the respondents, who are defendants before the Court below, filed an application in said Title Suit No. 20 of 2000, contending that the suit was unauthorised and was not maintainable as Power of Attorney had not been filed alongwith the plaint.