Court No. - 9
Case :- CIVIL REVISION No. - 166 of 2018 Revisionist :- Stephen Singh Opposite Party :- The North India Synode Of The United Church Of Northern India And Another Counsel for Revisionist :- Rama Goel Bansal
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the revisionist.
The instant revision is directed against an order dated 31.05.2018 whereby an application under Order 7 Rule 11 CPC, has been dismissed.
The contention of counsel for the revisionist is that the suit was filed by the plaintiff on his capacity of property officer, but no authority letter authorizing him to file the suit was appended with the plaint.
The contention, therefore, is that the suit was filed by an unauthorized person. However certain documents were filed subsequently with a supplementary affidavit although no pleadings as regards the said document are to be found in the plaint.
I have considered the submissions made by the learned counsel for the revisionist and perused the impugned order.
The court below has rejected an application under Order 7, Rule 11 CPC on the ground that the plaint discloses a cause of action and that the suit does not appear to be barred by any law in view of the averments contained in the plaint itself.
Insofar as the contention that the suit is by an unauthorized person, in my considered opinion, a question which can be addressed in the suit itself as it is necessarily a question which can be decided on the basis of evidence that may be led by the parties.
Under, the circumstances, I do not find any illegality in the impugned order. Accordingly, this revision is dismissed.
Order Date :- 21.8.2018 Priyanka Digitally signed by ANJANI KUMAR MISHRA Date: 2018.08.21 17:06:45 IST Reason: Document Owner Location: High Court of Judicature at Allahabad