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1956 Supreme(Cal) 186

P.N.MUKHERJEE, RENUPADA MUKHERJEE
RAJ KUMAR DHAR – Appellant
Versus
COLONEL A. STUART LEWIS – Respondent


Advocates Appeared:
Amarnath Roy Chowdhury, ATUL CHANDRA GUPTA, RAM MOHAN

P. N. MOOKERJEE J.

( 1 ) THIS Rule raises an important question of procedure. It is directed against an order of the learned Subordinate Judge, Fourth Court, Alipore, dismissing the defendants-petitioners' objection against, inter alia, the verification of the plaint.

( 2 ) THE plaint in the present case appears to contain serious allegations of fraud, falsification of accounts, culpable negligence, etc. , against the defendants. The plaintiff is one Colonel A. Stuart Lewis. The suit was instituted on his behalf by one V. G. Pai who professed to be acting under a power of attorney given by the plaintiff, and, on the strength of that power of attorney, he executed the Vakalatnama, signed the plaint and also signed the verification of the plaint on behalf of the plaintiff. The defendants-petitioners objected and the learned Subordinate Judge, upon the view that the power of attorney simpliciter was sufficient to entitle Pai to sign the Vakalatnama, the plaint and also the verification, dismissed the defendants objections. Against that order, the present Rule was obtained by the petitioner.

( 3 ) BEFORE us, Mr. Gupta, who appears for the defendants-petitioners, has frankly conceded





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