9911796707
TMI Blog1917 (12) TMI 2X X X X Extracts X X X X X X X X Extracts X X X X ..... against Jas Earn upon a promissory note alleged to have been given by the defendant on the 31st of December, 1913, for ₹ 150, with interest at Re, 14 per cent, per mensum. The claim was for ₹ 216-14, only. The plaint was filed about the 22nd of December, 1916, and the claim would therefore have been barred in a few days. 3. Paragraph 2 of the written statement alleged that the plaintiff was in jail, that the suit had not been presented on his behalf, and that the permission of the jail authorities had not been given to the plaintiff's signature. The following issue was framed:---I. Whether the suit was properly and duly filed on behalf of the plaintiff and is maintainable or not. The Munsif describes it as the most impo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e out of the question. 7. I will assume that the plaintiff's signature was appended so as to constitute a breach of the jail regulations. I will assume further, though it is by no means proved, that he did not write it himself, although he had authorized the suit, and that although he might have authorized some one to sign his own name, he was prepared, or badly advised, under a mistaken fear of the consequences of telling the truth, to commit perjury by swearing that a signature written by some one for him was written by himself. There is not, so far as I can see, in the absence of a repudiation of his signature by the plaintiff himself, a scrap of evidence of forgery, and not a shadow of a suggestion in the evidence that the presen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wholly irrelevant. He says they have the force of law. This does not mean that they alter the general law. A plaint signed or a suit authorized, by a man in jail, is just as good as any other plaint or suit, however many jail regulations are broken. The breach of regulations whether by the prisoner, his friends or pleader, are matters for the Jail authorities, or the Local Government, or whoever has the duty of enforcing them or punishing their breach. They no doubt have the force of law, but they cannot destroy a cause of action or invalidate a plaint. The second part of the second plea in the written statement which raised this point ought to have been struck out and no issue should have been framed thereon. 11. Order and 153, whVI, r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y when the party is unable to sign the pleading himself to sign for him makes this clear. In the present case I see no reason why Bakhtawar Singh could not have signed for the plaintiff. I delivered a judgement recently myself upon this very point where I endeavoured to make it clear. But there is abundant authority, if any were required, for such an obvious proposition; cf. Basdeo v. John Smidt I.L.R (1899) 22 All. 55 decided in this Court many years ago. 12. But the most unfortunate incident of the whole case is the proceeding of the 19th of April, when the plaintiff presented himself in the box, and the Munsif disallowed a most obvious, necessary and proper question. Why the Munsif did not then realize the position, and put an end to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 17. I will merely add that it would in my opinion be better, as a general rule, where the court has reason to think that there has been any breach of professional etiquette or any matter calling for the exercise of disciplinary powers, in the conduct of the pleader or advocates in the case, to decide the merits, and reserve any such question for further consideration after the disposal of the suit. If there were no other reason for this course, and there are several in my judgement, it is in any case mot a matter which concerns the parties, or one in respect of which they ought to be penalized either by prolonging the suit or increasing the costs. This case seems to have occupied the time of the court on six days, including the framing of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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