R. V. VASANTHA KUMAR, J.

( 1 ) THIS civil revision petition is directed against the judgment and decree dated 12-3-1991 passed in SC No. 76 of 1988 by the court of the additional small causes judge, Bangalore.

( 2 ) THE suit is filed by a limited company under the name of srcc visalamchit fund ltd. , in corporated under the Indian Companies Act for recovery of balance of subscription amount due by the defcndanis-1 to 3 under the contract documents entered into between the parties.

( 3 ) IN pursuance of suit summons issued, first and third defendants after due service of suit summons have remained absent and they were placed ex pane. Second defendant after having entered appearance in the suit proceedings neither filed written statement nor participated in the proceedings and the court placed him also ex pane. Plaintiff instead of adducing oral and documentary evidence, has filed an affidavit by way of evidence in respect of the averments contained in the plaint. The court after perusal of the affidavit and taking into consideration the materials on record dismissed the suit on the ground that the suit having not been properly instituted by a duly authorised agent of the company and

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