In Re: Mohamad Kasim Sahib vs Unknown on 9 August, 1929

0
26
Madras High Court
In Re: Mohamad Kasim Sahib vs Unknown on 9 August, 1929
Equivalent citations: 123 Ind Cas 351
Author: Curgenven
Bench: Curgenven

JUDGMENT

Curgenven, J.

1. The effect of the decision in Sheorania v. Bharat Singh 20 A. 90 : A.W.N. (1897) 203 is very considerably weakened by that in Baldeo v. John Singh 22 A. 55 : A.W.N. (1899) 172 (F.B.) which holds that a defect in the signature of a plaint or even the absence of any signature, it being found that the suit was filed with the knowledge and consent of the plaintiff, is not ordinarily a ground for interference in appeal. Much less then is it a ground for interference by a District Munsif under Section 73 of the Village Courts Act, or by this Court in exercise of its powers of revision, if petitioner cannot assert any specific prejudice to himself arising out of the irregularity. I, therefore, dismiss the Civil Revision Petition.

LEAVE A REPLY

Please enter your comment!
Please enter your name here