NANJIBHAI JETHABHAI Vs. POPATLAL SHRIRAJ

JUDGEMENT

(1.) The first issue raised in this case is, "whether the suit is maintainable by reason of the plaint not having been properly signed and filed". The plaintiff in this case is one Nanjibhai Jethabhai, who is described in the plaint as "a certified share-broker of the Native Share and Stock Brokers Association carrying on business at Dalai Street within the Fort of Bombay, temporarily residing at Chuda (Kathiawar)". The plaint is signed by one Nanjibhai Jethabhai by the hand of Bhikhalal Nagardas Munim The verification clause of the plaint is signed by Bhikhalal Nagardas as follows:- I Bhikalal Nagardas of Bombay Hindu inhabitant the Munim of the plaintiff abovenamed residing at Bhuleshwar outside the Fort of Bombay do solemnly declare that what is stated in the above plaint is true to my own knowledge.

(2.) It is conceded by Mr. Taleyarkhan on behalf of the plaintiff that Bhikhalal Nagardas held no general power-of-attorney from the plaintiff which would authorise him to sign the plaint on behalf of the plaintiff as required by Order III, Rule 2(a), of the Civil Procedure Code, as amended by the High Court Rules. It is conceded on behalf of the defendants for purposes of argument that at the date of the filing of the plaint the plaintiff was out of Bombay. It is also conceded for purposes of argument that the Munim Bhikhalal had authority from the plaintiff otherwise than by general power-of-attorney to sign and verify the plaint on his behalf. The plaint was presented to the Court by attorneys of this High Court who purported to act on behalf of the plaintiff, and was duly accepted and filed.

(3.) Order VI, Rule 14, provides- Every pleading shall be signed by the party and his pleader (if any): provided that where a party pleading is, by reason of absence or for other good cause, unable to sign the pleading, it may be signed by any person duly authorised by him to sign the same or to sue or defend on his behalf." The question before the Court is, whether the munim who has signed the plaint can be said to have been "duly authorised" by the plaintiff to sign it on his behalf. Order III of the 1 Schedule to the Civil Procedure Code deals with " Recognised Agents and Pleaders." Rule 1 under this Order provides- Any appearance, application or act in or to any Court, required or authorized by law to be made or done by a party in such Court, may, except where otherwise expressly provided by any law for the time being in force, be made or done by the party in person, or by his recognized agent, or by a pleader appearing, applying or acting on his behalf.