BADAR DURREZ AHMED, J.

( 1 ) THIS is an application filed by defendants 4 and 5 seeking the dismissal of the suit insofar as plaintiff no. 1 is concerned. The reason for seeking such dismissal is that the plaint was apparently signed and verified on behalf of the plaintiff No. 1 by one Mr Sampath Kumar who, according to defendants 4 and 5, was not authorised to institute the present suit on behalf of the plaintiff no. 1.

( 2 ) THE application is filed under Order 6 Rule 14 of the Code of Civil Procedure, 1908 which requires that every pleading shall be signed by the party and his pleader, if any. The proviso to the said Rule indicates that where a party pleading is, by reason of absence or for other good cause, unable to sign the pleading, it may be signed by any person duly authorised by him to sign the same or to sue or defend on his behalf. The learned counsel for the defendants 4 and 5 submitted that it is an admitted position that the plaintiff No. 1 has not signed the plaint. It is also an admitted fact that one mr Sampath Kumar has signed the plaint. The learned counsel submits that in a criminal proceeding, the plaintiff No. 1, who was being examined as a witness, has state

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