MANINDRA CHANDRA NUNDY Vs. VELJI MULJI

JUDGEMENT

(1.) The Master has refused to admit this plaint on the ground, that there is no affidavit proving the fitness to verify of Mr. Edwin Greaves, the gentleman who purports to have verified it. The circumstances are these: The plaint is in a suit by the Honourable Sir Manindra Chandra Nundy, who is stated in the cause title and in the first paragraph of the plaint to carry on business by Gillanders Arbuthnot & Co., as his managing agents. It is signed by Susil Kumar Bose, as constituted attorney of the plaintiff Maharaja. As to his authority to sign the plaint no question arises. Para. 18 says that Edwin Greaves is a Chief Assistant of the Firm of Gillanders Arbuthnot & Co. and is able to depose to the facts of the case. The verification is in the usual form and is signed "Edwin Greaves."

(2.) Now this does not conform to Order 6, Rule 15, Civil P.C., which provides that every pleading shall be verified by the party or one of the parties pleading or by some other person proved to the satisfaction of the Court to be acquainted with the facts of the case.

(3.) Chap. 7, Rule 12, Rules of this Court provides: Where any person other than the party pleading verifies a pleading under Order 6, Rule 15 of the Code, his fitness so to verify shall be proved by his affidavit at the time the pleading is presented.