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In Re: Mohamad Kasim Sahib - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in123Ind.Cas.351
AppellantIn Re: Mohamad Kasim Sahib
Cases ReferredBaldeo v. John Singh
Excerpt:
practice - plaint--defect in signature, whether fatal--civil procedure code (act v of 1908), section 115--madras village courts act (i of 1889), section 73--defective nature of plaint, whether ground for interference by district munsif--revision--high court. - 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 : (1899) a.w.n. 172 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.
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 : (1899) A.W.N. 172 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.


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