Case Note & Summary
The appellant, Marwari Relief Society, a charitable institution, filed an eviction suit against the respondent, Amulya Kumar Singh, in 1991 before the Sub-Judge at Ranchi. The suit was decreed ex-parte in 1992, but later restored after the respondent's appeal. During the transfer of the suit between courts, certain documents filed with the plaint went missing. The appellant filed applications under Order VII Rule 14(3) CPC to re-file those documents, including the agreement dated 4th August 1982, the advocate's notice dated 19th August 1987, and the registration receipt for the notice. The Trial Court allowed these applications on 8th September 2010 and 21st November 2011, also permitting the filing of the original Power of Attorney executed in favour of Ramnandan Prasad. The respondent challenged these orders in a writ petition before the Jharkhand High Court, which set them aside on the ground that there were no averments in the plaint regarding the documents sought to be produced. The Supreme Court allowed the appeal, holding that the plaint clearly referred to the agreement and the notice in paragraphs 2 and 12, and the verification stated that Ramnandan Prasad was a 'constituted agent and attorney of the plaintiff', which was sufficient to show his authority. The Court set aside the High Court's order and directed the Trial Court to proceed with the suit expeditiously.
Headnote
A) Civil Procedure - Order VII Rule 14(3) CPC - Production of Documents - Where documents were originally filed with plaint but went missing during transfer of suit between courts, the Trial Court may permit re-filing of those documents under Order VII Rule 14(3) CPC, especially when the plaint contains clear references to such documents. (Paras 5, 8-9) B) Civil Procedure - Verification of Plaint - Constituted Agent - A verification stating that the person verifying is a 'constituted agent and attorney of the plaintiff' is sufficient to establish authority to file the suit, even if the cause-title does not mention the agent's name. (Paras 8-9) C) Civil Procedure - Power of Attorney - Production of Original - When the plaint verification refers to the plaintiff being represented through a power of attorney holder, the original Power of Attorney is a relevant document that can be permitted to be filed under Order VII Rule 14(3) CPC. (Paras 6, 8-9)
Issue of Consideration
Whether the High Court was correct in setting aside the Trial Court orders allowing the plaintiff to file additional documents (Power of Attorney and other documents) under Order VII Rule 14(3) CPC, when the plaint contained references to those documents and the verification showed the plaintiff was represented by a constituted agent.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order dated 24th April 2018, and restored the Trial Court orders dated 8th September 2010 and 21st November 2011. The Trial Court was directed to proceed with the suit expeditiously.
Law Points
- Order VII Rule 14(3) CPC
- verification of plaint by constituted agent
- power of attorney holder
- restoration of documents missing during transit
- reference to documents in plaint averments
