Law: Civil Procedure Code (V of 1908)

Section: O.III, R.1, O.VI, Rr.14, 15, O.XLI, R.1

 Civil Procedure Code (V of 1908) O.III, R.1, O.VI, Rr.14, 15 & O.XLI, R.1---Memorandum of appeal, signing and authorization of---Filing of appeal through unauthorized signatory---Nature and effect---Whether such defect fatal or curable---Board resolution and Articles of Association---Production at appellate stage---Permissibility---Irregularity in signing and verification of appeal, rectification of---Power of court to allow rectification at any stage of the proceedings---Scope---Briefly, present appeal arose from an order passed by the Insurance Tribunal, however, the memorandum of appeal was signed by an advocate who was not shown to be duly authorized through a specific board resolution or instrument, while the company s authorized officer had only verified the contents by affidavit---During proceedings, an application was moved to place on record the relevant board resolution and Articles of Association and to permit filing of an amended memorandum of appeal through an authorized person, which was opposed on the ground that additional documents could not be introduced at the appellate stage---The pivotal issue before the High Court was whether the defect in signing and authorization of the memorandum of appeal was a fatal irregularity or a curable procedural defect that could be rectified at any stage without affecting the merits or jurisdiction of the Court? ---Held: Memorandum of appeal or are vision petition should be signed by appellant and a duly appointed pleader as per R.1 of O.XLI, C.P.C. and same could be presented by the appellant or pleader as per R.1 of O.III, C.P.C.---Rules 14 & l5 of O.VI as well as R.1 of O.XXIX C.P.C. as to signing and verification of pleadings like plaint and written statement, was not applicable to memorandum of appeals and revision petition---Any defect or omission in signing, verifying or presenting a pleading or memorandum of appeal or revision would not affect merits of the case or jurisdiction of a Court and should therefore be taken as a curable irregularity of proceedings---Regarding legal proceedings on behalf of a corporation, any defect in the authority of a person to sign or verify the pleadings in…