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1992 Supreme(Kar) 288

FOOD CORPORATION OF INDIA, BANGALORE – Appellant
Versus
CENTRAL CO-OPERATIVE WHOLESALE STORES LIMITED, SIRSI – Respondent


Advocates:
T.S.RAMACHANDRA RAO, U.L.NARAYAN RAO

K. A. SWAMI, ACTG. , C. J.

( 1 ) THIS appeal is preferred against the judgment and decree dated 15th december, 1980 passed in r. a. No. 4 of 1979 by the district judge, uttara kannada, karwar, confirming the judgment and decree dated 30th march, 1979 passed in o. s. No. 4 of 1977 by the civil judge, uttara kannada, karwar.

( 2 ) THIS second appeal came to be admitted on 4-9-1981 to consider the following question of law :"having regard to the facts and circumstances established in the case whether the finding on issue No. 9 is justified in law. "on 8th july, 1991, when the appeal came up for hearing, murlidher rao, j. , (as he then was), having regard to the importance of the question of law involved in the case, has referred it to a division bench. The order referring the appeal to a division bench reads thus :"the question that arises for consideration is : whether in a suit filed by the food corporation of india, whether the plaint signed by district manager can be construed as valid in view of the Provisions under order 29, Rule 1, CPC which required that the pleadings should be signed and verified on behalf of the corporation by the secretary or by director or by any 'principa

















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