- (1.) -BOTH the appeals are arising out of the order/s passed by the learned Judge, Small Cause/civil Judge (Senior Division), Agra feted 24th January, 2008 in Original Suit No. 225 of 2007 and 23 of 2007, by which the suits have been dismissed under Order VII, Rule 11 of the Code of Civil Procedure (hereinafter called as the 'c. P. C. ') upon accepting the objection/s on the part of the respondents. Out of aforesaid two orders, impugned in the present appeals, only difference is in one of such orders it has been held that the argument of the plaintiff therein has no force to say that Th. case is not covered under the provisions of Order II, Rule 2 of the C. P. C. However, both the appeals are taken together for analogous hearing on informal papers, to which neither of the parties have any objection.
(2.) MR. Sudhir Chandra, learned Senior Counsel appearing for the appellant in both the appeals, contended that two suits have been filed by the appellant when one suit has been filed by the defendants in the Court below. Both of their suits are dismissed only on the ground that the power of attorney/s, as executed by the plaintiff-company in favour of one Sri Amit Garg through the Chairman and Managing Director, can not authorize such person to institute the suit since it/those is/are not registered. Court below is apparently prejudiced which necessitates transfer of the case.
(3.) SO far as merit of the appeals are concerned, he contended that by a power of attorney dated 26th September, 2005, the Chairman and Managing Director was authorised on behalf of the company to act in this behalf incisive of power to institute, defend and prosecute, enforce or resist any suit or other actions and proceedings, appeals in any Court anywhere within its civil, criminal and other jurisdictions etc. inclusive of power of delegation. Clause 19 of such power of attorney speaks as follows : "from time to time to substitute and appoint any person or persons to act under or in the place of the said attorney in respect of all or any of the matters and to revoke every such substitution at pleasure and appoint others. ";