J&K BANK LTD Vs. AB MAJID BHAT
LAWS(J&K)-1993-10-11
HIGH COURT OF JAMMU AND KASHMIR
Decided on October 30,1993

JANDK BANK LTD Appellant
VERSUS
Ab Majid Bhat Respondents

JUDGEMENT

- (1.)WHILE coming up this appeal for consideration of admission, a preliminary objection was raised by learned counsel for the respondents/caveators that the appeal on the face of it is not maintainable being short of signatures and verification of the competent appellant and has drawn my attention to order 29 Rule ICPC which lays down: - "In suits by or against a Corporation, any pleading may be signed and verified on behalf of the Corporation by the Secretary or by any Director or else by officer of the Corporation who is able to depose to the facts of the case." Mr. Ab. Majid Bhat while assisting Mr. R. Hussain has drawn my attention to order 41 Rule 1 of Civil P.C. which lays down: - "Every appeal shall be preferred in the form of memorandum signed by the appellant or his pleader and presented to the court or to such officer as it appoints in this behalf......"
(2.)THUS learned counsel for the caveator wanted to impress upon that as because the appeal has been filed on behalf of J&K Bank which is Corporation and the pleadings are not signed and verified on behalf of the Corporation by Secretary or by any Director or by either principal officer of the Corporation who is able to depose to the facts of the case and that the person of Shafat Hussain is not appellant nor the pleader on behalf of the appellants who had signed and verified the appeal in question. His locus -standi is being challenged and his status is being objected to by the respondent/caveators.
(3.)MR . Shafat appearing on behalf of the J&K Bank has drawn my attention to Order 29 Rule 1 CPC and also to order 41 R1 and Rules framed there -under and has also made reliance on AIR 1923 Lahore 484, wherein their lordships Justice Shadi Lal, Chief Justice and Justice Zaffar Ali Judge have been pleased to observe as under: - "A perusal of order 41 Rule 1 of CPC shows that a memorandum of appeal shall be signed by the appellant or his pleader and presented to the court or to such officer as it appoints in this behalf. The memorandum of appeal presented before the Honâ„¢ble court was signed by one who had a general power of attorney from the appellant to appear and to act on her behalf, in the original it was also presented by him to the proper authority. It is. however, immaterial whether it was appellant herself or by some -one else. As long as it was signed by the appellant or her agent duly authorised in this behalf and presented to the proper authority this requirement of law has been fulfilled and there was no valid objection to the entertainment of the appeal."
It may be noted that the present appeal on behalf of the J&K Bank has been drafted, signed and presented by Mr. Shafat Hussain who is Manager Law and attorney holder of the bank. On the count, it is the person of said Shafat who has drafted the appeal and who has presented the appeal and is duly authorised person on behalf of the bank and is an official of the J&K Bank designated as Manager Law.



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