Showing posts with label plaintiff plaint. Show all posts
Showing posts with label plaintiff plaint. Show all posts

Sunday, 16 September 2012

Whether court can allow plaintiff to sign on plaint even after limitation?



Civil P.C. (5 of 1908), O.6, R.14 and R.17 - PLEADINGS - AMENDMENT - Plaint signed by person not properly authorised - Amendment - Plaintiff can be allowed to sign even after limitation.
A plaint signed by the son of the plaintiff who had no proper authority to sign it on behalf of the plaintiff can be allowed to be amended at a later stage by allowing the plaintiff to sign irrespective of the bar of limitation, inasmuch as the defect is merely formal.
High Court of Bombay

Dahyabhai Girdhardas  v. Bobaji Dahyaji Kotwal and others
Case No.: Civil Revn. Appln. No.499 of 1951,
dated: 18/4/1952.
Citation: AIR 1944 Bom 201

Judgement
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