STATE Vs. GH NABI GOJRI

JUDGEMENT

(1.) ON this appeal coming up for admission toady, Mr. Johal, learned counsel appearing for the respondent, has raised a preliminary objection about the maintainability of this appeal on the ground that the same has been filed improperly, in as much as Mr. D. S. Chouhan, learned Advocate who has filed the appeal purportedly on behalf of the appellants, has done without any power of attorney from them.

(2.) A perusal of the memorandum of the appeal and the record shows that Mr. Chouhan presented this appeal on 27.11.1995 before the Deputy Registrar, of this Court, The appeal, as is clear from its cause title, has been filed by three appellants, namely, {l) State of J&K through the Commissioner/Secretary to Govt. Labour Department, J&K, Jammu (2) Labour Commissioner, Jammu and (3) Dy. Labour Commissioner (Central) J&K Jammu. The power of attorney filed by Mr. Chouhan alonwith the memorandum of appeal has been signed by some person above the word "client" When this was shown to Mr. Chouhan, he identified the signature of the person as that of Dy. Labour Commissioner (Central) J&K, Jammu. It means that the only power of attorney filed alongwith the memorandum of appeal has been signed by the Dy. Labour Commissioner (Central) J&K, Jammu. Mr. Johal points out that the Dy. Commissoner (Central) J&K Jammu was not a party in the1 writ petition. Mr. Chouhan does not contest this factual assertion. It, therefore, comes out that a person who was not party in the writ petition has been impleaded as appellant in this appeal without seeking the leave of the Court, Thus, these the were parties in the writ petition have chosed to file appeal through Mr. D.S. Chouhan but without executing any power of attorney in his favour.

(3.) UNDER Order 3 Rule 1 read with 0.4 R.I of Civil Procedure Code appeals can be filed by parties through counsel or recognized agent only if the parties have executed valid power of attorney in favour of the counsel or the recognized agent. In the present case this mandatory requirement of Law has not been complied with by the appellants.