ORDER :- The suit out of which this revision application arises was filed in the Court of the Nyayadish at Ghodasar and the plaint was signed by the plaintiffs son Vadilal Dayabhai and he was described as a kulmukhtyar. After merger the suit was transferred to the Civil Judge at Kaira. The plaintiff then applied for an amendment of the plaint by striking off the signature of his son and by being permitted to sign the plaint. The plaintiff realised that his son had no proper authority to sign the plaint and that was the reason for this application for amendment. The learned Judge dismissed the application, and it is from that order that this revision application is preferred.

2. Now, there are two decisions of this Court to which my attention has been drawn bearing on the question as to whether failure to sign the plaint properly is such a material defect that the Court would be entitled to say that in the absence of a plaint being properly signed there is no suit before the Court at all, or whether the failure to sign the plaint properly is merely a formal defect which can be cured at any stage on a proper application being made to that effect. The former view has been take