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In Re: Mahomed Kassim Sahib - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1929Mad790
AppellantIn Re: Mahomed Kassim Sahib
Cases ReferredBasdeo v. John Smith
Excerpt:
- curgenven, j.1. the effect of the decisions in sheorania v. bharat singh [1898] 20 all. 90, is very considerably weakened by that in basdeo v. john smith [1899] 22 all. 55, 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, 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 revision petition.
Judgment:

Curgenven, J.

1. The effect of the decisions in Sheorania v. Bharat Singh [1898] 20 All. 90, is very considerably weakened by that in Basdeo v. John Smith [1899] 22 All. 55, 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, 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 Revision Petition.


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