Order XXIX of the CPC 1908
N.K.Assumi
(Querist) 22 August 2008
This query is : Resolved
Under Order XXIX of the CPC the officils mentioned there are secretary,director or other principal officer. Does Manager of the Corporation falls within the meaning of other principal officer in Rule 2 and 3, if so can he filed case on behalf of the corporation and signed affidavit and verify the affidavit on behalf of the Corporation? Inspite of the Chairman,Managing Director or the Secretary or the Director?
KamalNayanSaxena
(Expert) 23 August 2008
where suits are instituted or defended on behalf of a public corporation, public interest should not be permitted to be defeated on a mere technicality. Procedural defects which do not go to the root of the matter should not be permitted to defeat a just cause. There is sufficient power in the Courts, under the Code of Civil Procedure, to ensure that injustice is not done to any party who has a just case. As far as possible a substantive right should not be allowed to be defeated on account of a procedural irregularity which is curable.
