In the light of judicial pronouncements, discuss Signatures on the pleadings.
CS Professional · Drafting, Appearances and Pleadings · PYQS · June 2021
In the light of judicial pronouncements, discuss Signatures on the pleadings.
Answer & Explanation:
Rule 14 of Order VI of the Code on Civil Procedure states that every pleading shall be signed by the party and his pleader (if any). Where a party pleading is by reason of absence or for other good cause, unable to sign in the pleading, it may be signed by any person duly authorised by him to sign the same or to sue or defend on his behalf. The object of signature is to show that the pleading was filed with party's knowledge and approval, where there are many parties, they should all sign the plaint, if the parties are unable to sign due to absence or other good cause, their agent may sign on their behalf. In the case of All India Reporter Ltd. And Anr. vs. Ramchandra Dhondo Datar, AIR 1961 Bom 292, it was held that the expression "signed by any person duly authorized by him to sign the same" in rule 14 need not be restricted to written authorizations. If the authorization is proved, even an oral authorization should be taken as sufficient.
Topics: Pleadings
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