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1976 Supreme(Cal) 315

N.C.MUKHERJI, B.C.RAY
UNITED BANK OF INDIA – Appellant
Versus
PRABHAS CH. DEB – Respondent


Advocates Appeared:
GOBINDA CHANDRA PAL, NIHAR RANJAN DAS GUPTA, RANJIT KUMAR BANERJEE

N. C. MUKHERJI, J.

( 1 ) THIS Rule arises on an application under Section 115 of the Code of Civil Procedure and is directed against order No. 14 dated April 8, 1974 passed by Shri A. N. Saha, Additional Subordinate Judge, Nadia, in Title Suit No. 2 of 1974.

( 2 ) THE facts of the case may briefly be stated as follows :--The petitioner as plaintiff filed a suit against the opposite parties. The said suit was signed and verified by one Sri C. R. Sen Gupta. Agent of the Be-thuadari Branch of the United Bank of India. The defendant challenged the verification. The plaintiff was allowed time to satisfy the court that Sri Sengupta fills up the character of any of the personalities described in Order 29, Rule 1 of the Code of Civil Procedure. The plaintiff, however, produced a registered power of attorney executed by the Manager and the Director of the Bank authorising one Sri Nikhil Ranjan Ghosh to sign the pleading on behalf of the company. It was the contention of the plaintiff that by the said power of attorney Sri Ghosh was authorised to sign and verify the plaint. The defendant raised an objection to the effect that Sri Ghosh cannot be considered as one of the principal officers



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