1 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.377 OF 2010 Firdosh Manekshah Bhiwandiwala ..Applicant V/s. Dinsha Rustomji Mehta & ors ..Respondents Mr.G.S.Godbole i/b. Mr.Lalit V. Jain, Advocate, for the Applicant None for the Respondents CORAM : R.C.CHAVAN, J. DATE : 30TH JUNE, 2010 P.C. . The learned Counsel for the Applicant points out that the learned Judges constituting Appellate Bench of Small Causes Court, Bombay had observed in paragraph eight of the Judgment that the learned Counsel for the Respondent-Plaintiff had stated that the Applicant-Defendant had not challenged in the written statement the authority of the person, who had signed and verified the plaint. Had there been any challenge in the written 2 statement then Plaintiff would have got opportunity to rectify the defect. The learned Judges also recorded that plea of maintainability taken on such ground could not be considered at the Appellate stage. 2. The learned Counsel for the Applicant pointed out in paragraph two of the Additional Written Statement which was filed in March, 1999 it had been specifically contended by the Defendants that the Defendants did not know and did not admit that Mrs.N.B.Irani and Mr.D.J.Shah were legally appointed constituted Attorney of the Plaintiff and put the Plaintiffs to the strict proof thereof. 3. Faced with this, the learned Counsel for the Respondents states that the impugned Order may be set aside and the matter may be remanded back to the Trial Court by directing the learned Trial Judge to decide the suit afresh within a fixed time frame & should 3 there be occasion, the Appellate Court shall also likewise decide the Appeal within a period of six months from the date it is filed. The Applicant would obviously be entitled to raise the question of authority of signatories to the plaint to sign it before the Appellate Court of Small Causes. Should the finding that the learned Trial Judge may record on the question before the Appellate Judge go against him. The trial Judge shall complete this exercise within a period of six months i.e.31st December, 2010 & render a finding on the aforesaid question. (R.C.CHAVAN, J.)