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B. Raja Rajeswara Muthu Ramalinga Sethupathy Avergal Through His Authorised Dewan Raja M. Dinakar Bahadur Vs. Shunmugha Nadan and anr. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in107Ind.Cas.804
AppellantB. Raja Rajeswara Muthu Ramalinga Sethupathy Avergal Through His Authorised Dewan Raja M. Dinakar Ba
RespondentShunmugha Nadan and anr.
Cases ReferredMaharaja of Benares v. Debi Dayal Noma
Excerpt:
civil procedure code (act v of 1908), section 2(20) - civil rules of practice (mad.), rule 4(11)--'signed' in reference to vakalats and affidavits, whether includes 'stamped.' - .....file the papers returned if they are otherwise in.....
Judgment:

1. Having regard to the definition of the word 'signed' in Section 2 (Clause 20) of the Civil Procedure Code and to the fact that under Rule 4(II) of the Civil Rules of Practice, the same definition has to be applied in the case of affidavits and vakalats, we think that the use of a stamp bearing the name of the party is sufficient even in cases where he is able to sign. Even under the old Code of Civil Procedure of 1877 it was held in the Maharaja of Benares v. Debi Dayal Noma 3 A.P 575 : A.W.N. (1881) 36 : 2 Ind. Dec. (N.S.) 345 that inability to sign was not necessary in order to enable a person to use a stamp. The definition of 'signed' in the present Code is to the effect that except in cases of judgments or decrees 'signed' includes stamped. There is nothing to show that any difference can be drawn between vakalats and affidavits and pleadings. We set aside the order of the District Munsif and direct him to receive and file the papers returned if they are otherwise in order.


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