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1992 DIGILAW 860 (MP)

Pradeep Sharma v. Panjab National Bank

1992-12-17

R.C.LAHOTI

body1992
JUDGMENT Vide order dated 20.2.1984, this Court admitted the appeal for hearing parties on the following substantial question of law: Whether the suit filed by Shri Indradev Sharma, Manager of the plaintiff-Bank, was maintainable?" It is not disputed by the learned counsel for the appellant that in the matter of subscription and verification of pleadings by a bank, the relevant provision applicable would be rule 1 of Order 29 of the Code of Civil Procedure which permits pleadings being signed and verified on behalf of a corporation by the Secretary or by any Director or other principal officer of the corporation who is able to depose to the facts of the case (emphasis supplied by me). It is not disputed that Shri Indra Dev Sharma was the branch manager of the Unnao Branch of the plaintiff-bank. The verification made by him, not under challenge, indicates that he was conversent with the facts of the case so as to be able to depose to them. It is well setted by a number of authorities that in case of a suit for recovery of loan instituted in the name of a bank represented by concerned branch manager, the branch manager was competent to sign and verify the plaint and file the same in the Court (See: Umesh Chandra v. State Bank of India, AIR 1987 Orissa 67) and United Bankv. P.C. Deb, AIR 1977 Cal.55) 1990 (I) MPWN 26 and SA 20/60 distinguished. Appeal dismissed.