Law:

Section:

(a) Civil Procedure Code (V of 1908) --O. VI, Rr.1, 14 & 15 Signing and verification of pleading Essentials Word pleading" means plaint or written statement Body of plaint not separate from its verification Verification is part and parcel of plaint Plaint as well as verification has to be signed by the same party. (b) Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997) -- -S.9(1) Suit filed by Bank Non placing on record copy of special resolution or power of attorney authorising person, who signed the plaint Effect In absence of any material available on record, Court could not presume that such person had been duly authorized by Banking Company to file the suit. (c) Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997) -- Ss.9(1) & 7 Civil Procedure Code (V of 1908), O. VI, R.15 & O.XXIX, R.1 Suit filed by Bank Verification, on plaint not done by authorized officer Effect Suit could not be dismissed due to defect of verification on plaint Omission to verify pleading by authorized officer would neither give rise to any penal consequences nor render the plaint absolutely void or a nullity, rather same was simply an irregularity Signing, verification and drafting of plaint in a particular manner were matter of mere procedure, thus, relevant provisions could not be strictly construed. (d) Interpretation of statutes - Mandatory provision Important test for showing that certain proceedings were a nullity, was to show that mandatory provisions of law had been violated. (e) Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997) -- Ss. 9(1) & 7 Civil Procedure Code (V of 1908), O. VI, Rr.14, 15 & O.XXIX, R.1 Defective signing or presentation of plaint by a person not holding authority/power of attorney Not violation of any specific provision of law ¬Such presentation or signing could not make plaint a nullity¬ Rules regarding verification and signatures on plaint, being matter relating to procedure, were to be liberally construed. Ram Labhaya Mal and another v. Firm Chanchal Singh Jaswant Singh AIR 1932 Lah. 28; Wali Muhammad Khan v. Ishak Ali Khan…

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