2022 MLD 1555
2022 CLD 900
Civil Procedure Code (V of 1908), O. XXXVII, R. 2--- Summary Suit for recovery of money---Liability of legal representative signing---Signature essential to liability---Scope---Respondent filed a summary Suit for recovery of amount mentioned in cheque along with mark up against the legal heirs of the executant---Trial Court framed a preliminary issue regarding liability of petitioners to be sued---Validity---Petitioners who were neither makers, drawers, or endorsers nor acceptors of cheque and even presentation for encashment and dishonouring of the alleged cheque during life time of executant could not have legally authorized respondent to institute Suit under O. XXXVII, R. 2, C.P.C., against petitioners, hence, the Suit was not maintainable before the Trial Court---Writ petition was accepted and the Trial Court was directed to return the plaint.
0 Comments