RADHAKRISHNA MENON
RAMACHANDRAN – Appellant
Versus
CARDAMAM MARKETING CO. – Respondent
1. The 1st defendant in O.S.267/82 who is the sole defendant in O.S. 128/84 is the revision petitioner.
2. The court below by a common order disposed of the preliminary issue, extracted hereunder, by the order under challenge:
"Is the signatory in the plaint competent to sue on behalf of the plaintiff company?".
3. The plaintiff is the 'Cardamam Marketing Co. (Travancore) Ltd., Brindavan Buildings, M.C. Road, Kottayam 1'. It is a public limited company within the meaning of the Companies Act. The plaint has been signed and verified by one Mr. N. Ananthasivan, designated as the Secretary of the Bank. The verification reads:
"I, N. Ananthasivan, M.A.LLB, Secretary of the plaintiff company solemnly declare that all the facts stated by me in the above paragraphs are true to my knowledge and belief".
4. According to the petitioner Sri. Ananthasivan, inasmuch as he has not been duly authorised to sign and verify the pleadings, has no authority to sign and verify the pleadings, and as such, the suit is liable to be dismissed as not maintainable.
5. The learned counsel for the respondent-plaintiff argues that Sri. Ananthasivan who has signed and verified the pleadings is the Secreta
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