High CourtsSingle Bench(2010) 12 P&H CK 0237

The Baptist Missionary Society Corporation vs Kundan Lal and Others

Punjab And Haryana At Chandigarh · Decided on 22 December 2010

HON’BLE JUDGES
Alok Singh, J
RESULT
Allowed
CASE NUMBER
C.R. No. 8142 of 2010

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Judgment

4 paragraphs · 191 words

Alok Singh, J.—Yesterday, petition was adjourned on the request of the learned Counsel for the Respondents for today. Learned Counsel for the Respondents is not present today.

Present petition is filed challenging the order dated 08.12.2010 passed by learned Civil Judge (Senior Division), Faridabad, thereby dismissing the application seeking amendment in the plaint incorporating the plea pertaining to the resolution to execute power of attorney in favour of Franklin John Qureshi authorizing him to institute the case on behalf of the Plaintiff.

2.

Record reveals that General Power of Attorney had already been produced before the learned Trial Court and suit was filed through General Power of Attorney holder Mr. Franklin John Qureshi. In the opinion of this Court, mentioning of resolution to execute power of attorney in favour of Franklin John Qureshi is not a new fact which will adversely affect any vested right in favour of the Defendants. In the opinion of this Court, amendment ought to have been allowed.

3.

Present petition is allowed. Amendment application stands allowed. Petitioner-Plaintiff shall pay Rs. 5,000/- as costs to the Defendants-Respondents before the next date fixed before the learned Trial Court.