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TMI Blog1952 (4) TMI 49X X X X Extracts X X X X X X X X Extracts X X X X ..... and the plaint was signed by the plaintiff's son Vadilal Dayabhai and he was described as a kulmukhtyar. Alter merger the suit was transferred to the Civil Judge at Kaira. The plaintiff then applied for an amendment of the plaint by striking off the signature of his son and by being permitted to sign the plaint. The plaintiff realised that his son had no proper authority to sign the plaint an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a power-of-attorney executed by a next friend of a minor presented a plaint and signed it, and the learned Chief Justice held that he had no authority to do so and that the plaint was not a valid plaint. The learned Chief Justice further held that the suit was never properly instituted, and that a defect of that sort could not be cured by amendment, and the natural course open to the plaintiff wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that is Stohini Mohwm Das v. Bungsi Buddan Saha Das, 17 cal. 580. In that case the suit was by three co-plaintiffs, and one of the points urged before the Privy Council was that the plaint was signed and verified by one plaintiff alone, and the answer given in the judgment of the Privy Council was that that was immaterial as there was no rule providing that a person named as a co-plaintiff is no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the view that he took. Ordinarily I would have been bound by his judgment as a judgment of co-ordinate authority, but there is the judgment of Mirza J. and also the judgment of the Privy Council to which I have referred. With respect I prefer the judgment of Mirza. J. in Nanjibhai v. Popatlal. [3] I, therefore, set aside the order passed by the learned Judge below and direct that, he should allow ..... X X X X Extracts X X X X X X X X Extracts X X X X
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