Wijesinghe V. Incorporated Council Of Legal Education

1963 Present : Sansoni, J.

D. WIJESINGHE, Appellant, and THE INCORPORATED
COUNCIL OF LEGAL EDUCATION, Respondent

S. C. 28 of 1961-C. R. Colombo, 73821/R. E.

    (1) Action instituted by a corporation-Plaint signed only by the proctor representing the corporation-Sufficiency of such signature-Civil Procedure Code, ss. 24, 25, 46 (1), 470-Council of Legal Education Ordinance (Cap. 276).

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.

(2) Proctor's appearance for a party-Proxy-Presumption of validity and regularity attaching to its execution-Proxy given by Council of Legal Education-Should one of the attesting witnesses be called to prove due execution ?-Burden of proof-Courts Ordinance (Cap. 6), Second Schedule, Rule 4-Evidence Ordinance, s. 68.

Once the Court accepts and acts on a proxy filed in favour of a proctor, presumably because no defect appears on the f

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