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1959 Supreme(Bom) 102

S.P.KOTVAL, V.B.RAJU
All India Reporter Ltd. and Anr. – Appellant
Versus
Ramchandra Dhondo Datar – Respondent


JUDGMENT - 1. I would like to add the following observa ons on the question of limitation.

2. In order to appreciate the points of law involved, it is necessary to state a few relevant f acts :

3. In the plaint two plaintiffs were named, nambly, (1) All India Reporter, Limited, Bombay and (2) Shri V. V. Chitaley. The plaint was signed by Shri V. V. Chitaley (Plaintiff No. 2) and by one S. 0. Ghushey who signed as agent to plaintiff No. 1. It was also verified by S- B. Ghushey as agent to plaintiff No. 1. The plaint was filed on 18-2-1949, one day prior to the expiry of tbe period of limitation. The plaint was presented by Shri Shidhaye Advocate, whose power was signed by V. V. Chitaley and S. B. Ghushey who signed as agent of plaintiff No. 1. Along with the plaint, a power of attorney by AIR Limited, in favour of S. B. Ghushey, dated 1-5-46, was filed. After the date of this power of attorney and before the date of the suit, AIR Limited was converted into a public Limited Company in 1948.

4. Objections having been taken by the defendant on the ground that the plaint was not properly signed or verified, the trial Court held on 9-4-51 that the plaint was not properly signed and verified























































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