In Brief
Marwari Relief Society, a charitable institution, filed an eviction suit against Amulya Kumar Singh in 1992. Due to loss of documents during suit transfer, the Society sought to re-file them in 2010-2011, including a Power of Attorney under which the suit was being conducted. The High Court quashed these orders, holding that the plaint lacked averments about the documents and the power of attorney was not properly brought on record. The Supreme Court allowed the appeal, holding that the plaint's verification by the power of attorney holder as 'constituted agent and attorney', combined with clear references to the documents in the pleading, sufficiently established authority to produce the documents and validated the litigation.
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