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TMI Blog1985 (5) TMI 216X X X X Extracts X X X X X X X X Extracts X X X X ..... ant had also filed on 8-1-1985 - (a) an application under R. 11 of the Customs, Excise and Gold (Control) Appellate Tribunal Rules, 1982, for leave to amend the Memorandum of Appeal by permitting the Appellant company to now file the accompanying memorandum of appeal duly signed and verified by the appellant together with a similarly signed stay application or alternatively, to allow the Managing Director of the appellant to sign and verify all the four sets of the appeal and stay petitions as originally filed within time on 14-6-1984; (b) an application for condonation of delay, in filing the fresh Memorandum of Appeal, aforesaid, in terms of S. 35B (5) of the Central Excises and Salt Act, 1944. These applications were also concurr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... morandum of appeal or the application under S. 35F have not been duly signed by the Principal officer of the appellant company and to that extent there is a failure to comply with the requirements of the said Rule. When the Rule speaks only of the principal officer of a company and not any other person duly authorised by him to sign and verify a Memorandum of appeal, unlike O. 6, R. 14 of the Civil Procedure Code, the so-called authorisation of Shri D.N. Tiku by the Managing Director of the Appellant is hardly of any relevance. 4. But then, the learned counsel for the Appellant invokes the discretionary power of the Tribunal to require the Appellant to make such amendments, as may be necessary, to rectify defects in the Memorandum of App ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mes on for hearing before an appellate Court, the appellate Court may order the amendment to be made in that Court. The appellate Court ought not to dismiss the suit or interfere with the decree of the lower Court merely because the plaint has not been signed. The omission to sign or verify a plaint is not such a defect as could affect the merits of a case or the jurisdiction of the Court : see S. 99. It can be set right even after the expiration of the period of limitation for filing the suit. 7. Again, in AIR 1962 Kerala 19, it was observed relying upon AIR 1931 All. 507 (S.B.) and AIR 1948 Mad. 369, that, in a case where the plaint was filed under the signature of one who is found not to be a recognised agent, the defect can be cured ..... X X X X Extracts X X X X X X X X Extracts X X X X
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