LAXMI BHANDER LTD Vs. PURNA CHANDRA DUTTA BANIK

JUDGEMENT

(1.) The petitioners who are a company registered under the Indian Companies Act brought a suit against the opposite party for recovery of a sum of Rs. 42-14-3 alleged to be due on a bond. The plaint in the suit was signed and verified by the Secretary of the Company.

(2.) By an order dated 13 March 1935, the learned Munsif directed that the plaintiff to file an affidavit testifying to the fitness of the Secretary to verify the plaint. The direction not being complied with the learned Munsif ordered the plaint to be struck off. It is against this order that the present rule is directed.

(3.) On behalf of the petitioners it was submitted that the case of International Continental Caoutchous Compagnie V/s. Mehta & Co., 1927 Cal 758, referred to in the judgment, does not support the proposition that when a pleading is signed or verified by a person other than the plaintiff, the authority of that person to sign or verify must in every case be established by affidavit. That case proceeded really upon Rule 12, Chap. 7, Original Side Rules of this Court, and applies only to suits within the Ordinary Civil Jurisdiction of this Court.