ORDER III OF CPC (CASE LAWS)
Harsh
(Querist) 06 July 2011
This query is : Resolved
IS THERE ANY CASE LAWS WHERE THE POWER OF ATTORNEY WAS NOT PROPERLY SIGNED STILL THE CASE IS NOT DISSMISSED. PLEASE GIVE CITATIONS.
THANKS
Guest
(Expert) 06 July 2011
Yes.Its a matter of evidences.If it apparently seen that POA is not properly signed then suit can be dismissed. But before that court will give you a permission to rectify those POA .
1. Appearances, etc., may be in person, by recognized agent or by pleader-
2. Recognized agent
The recognized agent of parties by whom such appearances, applications and acts may be made or done are-
(a) persons holding powers-of-attorney, authorizing them to make and do such appearances, applications and acts on behalf of such parties;
Under Order VI, Rule 17, the Court is empowered at any stage of the proceedings to allow amendments. Where an amendment is allowed, generally speaking, the claim of the plaintiff would not be considered to have been brought at the date of the amendment, but the date of the filing of the suit will be the determining factor so far as the question of limitation is concerned. It is on this ground that, except in very special cases, Courts are averse to giving leave to amend pleadings where the effect of the proposed amendment would be to take away from the defendant a legal right such as the one conferred by the law of limitation. The leading English case on this point is Weldon v. Neal (1887) 19 Q.B.D. 394. followed in Janardan Kishore Lal v. Shib Pershad Ram (1915) I.L.R. 43 Cal. 95. and in Bal karan Upadhya v. Gaya Din Kalwar (1914) I.L.R. 36 All. 370, and later in Kali Das Chaudhuri v. Sm. Drapaudi Sundari Dassi (1917) 22 C.W.N. 104. Rebati Raman Basak v. Harish Chandra Basak (1919) 24 C.W.N. 749,751, and Gyanendra Nath Chakravorti v. Paresh Nath Pal (1921) 26 C.W.N. 73.
Its a defect in the plaint is only a technical irregularity and the amendment.
Generally court will allow the amendment which has been asked for.
For getting the judgment refer this link;
In this judgment 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".
http://www.indiankanoon.org/doc/1927092/
