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Supreme Court of India 2019-03-14 allowed

Marwari Relief Society vs Amulya Kumar Singh

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

Marwari Relief Society filed a suit through a power of attorney holder whose authority was disclosed in the plaint's verification clause but not in its cause-title. The defendant challenged the plaint's maintainability, and the Single Judge dismissed it. The Supreme Court held that when the verification clearly states the filer is a 'constituted agent and attorney' of the plaintiff, the plaint is maintainable under the Code of Civil Procedure, even without explicit mention in the cause-title or original filing of the Power of Attorney document. The Court allowed the appeal and remitted the matter for expeditious trial.

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Civil Procedure Power of Attorney Pleadings and Plaint Jurisdiction and Maintainability

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