Govind Mathur, J. - (1.) By this petition for writ a challenge is given to the order dated 16.8.2005 passed by learned Additional District Judge No. 3, Jodhpur rejecting the application preferred by the petitioner defendant under Order 3 Rule 1 and 2 read with Order 7 Rule 14 and 151 CPC.
(2.) By the application referred above the defendant prayed for rejection of the suit preferred by the plaintiff being presented by a person not competent to do so. The suit was presented by one Shri Deepak Parihar son of Shri Jugraj Singh Parihar in the name of Shri Govind Singh son of Shri Jugraj Singh Parihar. A photostat copy of the power of attorney executed by Shri Govind Singh Parihar in favour of Shri Deepak Parihar was filed before the trial court on 23.8.2004 and the suit was filed on 5.7.2002. In the application under Order 3 Rule 1 and 2 CPC the defendant petitioner averred that Shri Deepak Parihar was not competent to present the suit on 5.7.2002 as on that day he was not having power of attorney to file the suit pertaining to the premises in question.
(3.) Learned trial court rejected the application by holding that the error pointed out by the petitioner defendant is mere an irregularity and is curable and on that count the suit cannot be rejected. Being aggrieved by the same, instant writ petition is preferred.;