CHHITA Vs. MTJAFFO

JUDGEMENT

(1.) A plaint was presented in the Court of the Munsif of Muttra by one Babu Bishambhar Nath, on behalf of Mt. Jaffa and others. The plaint was accompanied by a vakalatnama, which was duly signed by the plaintiffs. Through haste or by oversight, the executants of the vakalatnama omitted to enter the name of Babu Bishambhar Nath in the body of this instrument. The blank space in the vakalatnama in which the name of the pleader should have been written had not been filled in. Babu -Bishambhar Nath however had endorsed the acceptance of the vakalatnama on the back of this document.

(2.) At a late stage of the case this defect was discovered by a pleader for Chitta, defendant. Ho objected that there was no valid plaint in Court, as that document had been presented by an unauthorized person.

(3.) This objection was sustained by the Munsif. He ordered the case to be struck off the file with the direction that the plaint be returned to the vakil for proper presentation.