The present Civil Revision Petition is directed against the order of the learned XIII Assistant Judge, City Civil Court dated 28. 2006 made in I.A.No.4780 of 2006 in O.S.No. 769 of 2003.

2. The defendant in the above referred suit is the petitioner and the plaintiff thereon is the respondent herein. The respondent herein laid the suit against the petitioner herein for recovery of the amount said to be due by the petitioner. In the said suit, the petitioner had taken out an application in I.A.No.4780 of 2006 to dismiss the suit. The said application was dismissed by the Court below and the present revision is directed against the said order.

3. In the affidavit filed in support of the application for dismissing the suit the petitioner had averred that the suit has been laid through power of attorney agent, who has verified the plaint and signed the vakalat on behalf of the plaintiff and the plaintiff had also filed an application for leave of the Court to sign and verify the pleadings, which has not been ordered by the trial Court. Hence, the plaintiff cannot maintain the suit as the power of attorney was not permitted to sign the plaint.

4. In the counter affidavit, t