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1976 Supreme(Del) 7

YOGESHWAR DAYAL
NATIONAL AND GRINDLAYS BANK LIMITED – Appellant
Versus
WORLD SCIENCE NEWS – Respondent


Advocates Appeared:
C.L.Khanna, MOHINDER NARAIN, R.DAYAL

YOGESHWAR DAYAL, J.

( 1 ) THE present suit was filed on behalf of the National and Grindlays Bank Limited, a banking company incorporated in England, having its branch in Connaught Place, New Delhi, against the defendants for recovery of money on the basis of hypothecation of machinery etc. , mortgapge, guarantees and indemnity and for other reliefs.

( 2 ) THE suit was filed through Mr. John Herbert Keeble, Manager, at that time of the Connaht Place Branch, who described himself as a duly constituted attorney and Principal Officer of the plaintiff-Bank competent to sign the plaint and to institute the suit and also being conversant with the facts of the case. The plaint was signed and verified by the said Manager as constituted attorney, and the suit was filed through Advocates in this Court.

( 3 ) LATER on, the plaint was amended as the name of the plaintiff- Bank had been changed into Grindlays Bank instead of National and Grindlays Bank.

( 4 ) IN the amended written statement filed on behalf of defendants 1 to 3, a plea was taken that, "it is not admitted that the plaint has been properly signed and the suit has been instituted by a competent person and under proper authority. I














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