High CourtsDivision Bench(1929) 08 MAD CK 0037

In Re: Mahomed Kassim Sahib

Madras High Court · Decided on 9 August 1929 · Citation: AIR 1929 Mad 790 : (1929) 30 LW 499

HON’BLE JUDGES
Curgenven, J

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Judgment

5 paragraphs · 122 words

Curgenven, J.—The effect of the decisions in Sheorania v. Bharat Singh [1898] 20 All. 90, is very considerably weakened by that in

Basdeo v. John Smith [1899] 22 All. 55, which holds that a defect in the signature of a plaint, or even the absence of any signature, it being found

that the suit was filed with the knowledge and consent of the plaintiff, is not ordinarily a ground for interference in appeal. Much less then is it a

ground for interference by a District Munsif u/s 73, Village Courts Act, or by this Court, in exercise of its powers of revision, if petitioner cannot

assert any specific prejudice to himself arising out of the irregularity. I therefore dismiss the Revision Petition.