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2019 Supreme(P&H) 3387

RAJ MOHAN SINGH
Apeejay School, Charkhi Dadri – Appellant
Versus
Sh. Ravidas Seva Ashram Charkhi Dadri – Respondent


Advocates Appeared:
For the Parties :Mr. H.L. Tikku Senior, Advocate , Mr. Sumeet Goel , Mr. Yashmeet Kaur , Mr. Raman Chawla , Mr. S.K. Sharma

JUDGMENT :

Mr. Raj Mohan Singh, J.

Petitioners have preferred this revision petition against the orders dated 14.09.2018 and 03.10.2018 passed by the Addl. Civil Judge (Sr. Divn.) Charkhi Dadri, vide which the proposed issues were conversely framed thereby putting negative onus on the defendants and the application for review of order dated 14.09.2018 was dismissed.

2. Perusal of the record would show that petitioners filed an application under Order 14 Rule 5 read with Section 151 CPC for framing of additional issues. It was pleaded by defendants No.1 and 3 in the written statement that the plaintiff has no legal status to institute the suit and the plaint has not been signed and verified by the duly authorized person. Zile Singh does not have any authority to verify and sign the plaint on behalf of the plaintiff. Zile Singh being the acting President was denied by the defendants. Authorization in favour of Zile Singh was also denied. Petitioners sought to get the following issues framed:-

    “1. Whether the plaintiff is a legal entity and has any legal status to institute the present suit.? OPP

2. Whether the plaint is signed and verified by and suit is instituted by a duly authorized pe

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