Appellant, and Respondent

When a Corporation is represented by a proctor, a plaint filed on behalf of the Corporation would be sufficiently signed as required by section 470 of the Civil Procedure Code if it is signed only by the proctor; the plaint need not be subscribed by anyone else on behalf of the Corporation.


Once the Court accepts and acts on a proxy filed in favour of a proctor, presumably because no defect appears on the face of the proxy, any party who desires to question the authority of that proctor has the onus of showing the want of authority. Accordingly, once the Court accepts and acts on a proxy given to a proctor by the Incorporated Council of Legal Education, when it is plaintiff in an action, the Court is entitled to assume, in the absence of evidence led to the contrary by the defendant, that the common seal of the Council was affixed to the proxy after due compliance with the requirements of Rule 4 of the Second Schedule to the Courts Ordinance. In such a case it cannot be contended that, under section 68 of the Evidence Ordinance, the plaintiff must call at least one of the attesting witnesses to prove