Pradyot Kumer Banerjee, J. - (1.) This Rule is directed against an order passed by the learned Judge, IV Bench, City Civil Court, rejecting the application filed by the defendant No. 6 under Order 7, Rule 11, of the Civil Procedure Code. Being aggrieved by the said order the defendant No. 6 moved this application and obtained the present rule.
(2.) The main contention of Mr. Dasgupta on behalf of the defendant No. 6 is that the plaintiff cannot maintain the suit inasmuch as the plaintiff is only a Director of a limited Company and the limited Company being a juristic person, the Director or the share-holder of the Company cannot maintain the suit.
(3.) Mr. Dasgupta relied upon the cases of Rameswar Prosad Bajoria v. Dr. Satya Charan Law, reported in 52 CWN 188 and Dr. Satya Charan Law v. Rameswar Prosad Bajoria, AIR 1950 FC 133 , in support of his contention. It has been argued that the Director, as an individual Director, has no power to act on behalf of the Company. He is only one of a body of the Directors called the Board, and he alone has no power except such as may be delegated to him by the Board or given to him by the Articles. If that be so, the plaintiff has no right to maintain the suit.;