J & K Bank Ltd.& Ors. vs Ab.Majid Bhat & Ors.

While coming up this appeal for consideration of admission, a preliminary objection was raised by learned counsel for the respondents/

cavcators 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 1 CPC 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 snail 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......

Thus learned counsel for the cavcator 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 unverified on behalf of the Corporation by Secretary or by any Director or by either principal officer

of the Corporation who is able tadpole to the facts of the case and that the person of Shafal Hussain is not appellant nor the pleader on behalf of

the appellams who had signed and verified the appeal in question. His locusstandi is being challenged and his status is being objected to by the

respondent /caveators.

Mr. Shafat appearing on behalf of the J&K Bank has drawn my attention to Order 29 Rule J CPC and also so order 41 R1 and Rules framed

thereunder 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 Hon'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 lo the proper authority.

It is, however, immaterial whether it was appellant her self 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 (he J&K Bank has been drafted, signed and presented by Mr. Shafal Hussain who is

Manager Law and attorney holder of the bank. On the count, it is the person of said Shafal 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.

It may be also noted that even for arguments sake, it is presumed that if appeal is filed on behalf of Company by one of its officers not duly

authorised to do so, the defect could be cured by putting in power of attorney duly authorising him to file appeal. This has been laid down in AIR

1910 Bombay page 1 at para II. It has also been held in AIR 1952 H.P. 62 that the rule of signing of memorandum of appeal by the appellant or

his pleader being mandatory, but the noncompliance does not necessarily entail rejection of the appeal straightway. The defect can be cured by

allowing them and their memorandum of appeal to be amended by putting signatures, where the omission is not deliberate.

In the present case, the appeal has been signed by duly authorised agent or the attorney holder of the bank in the capacity of Attorney and

Manager Law of the Jammu and Kashmir Bank. So there is no defect on the record which will entail rejection of the appeal outrightly. So the

objection put in by the caveator/respondents is not sustainable. So while rejecting the objection raise by the caveator/respondents, the appeal is

admitted to hearing.

Issue notice to the respondents. At this stage Mr. R. Hussain accepts notice on behalf of respondent No. 1. List for hearing.