1 Cra-256.10 Ash FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 256 OF 2010 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri Amogh Paralikar for the Applicants. Shri B.G. Saraf for the Respondent. -- CORAM : A.S.OKA, J. DATE : 22ND OCTOBER, 2010 P.C.: . The Applicants who are the Defendants in a suit filed by the Respondent made an application for raising an objection to the maintainability of the suit on the ground that the Constituted Attorney of the Proprietor of the Respondent who filed the suit had no authority to institute the suit. The said application has been rejected by the Trial Court by the impugned order. 2. Whether the Constituted Attorney of the Proprietor of the Respondent was authorized to file a suit is a question which cannot be determined only on the 2 Cra-256.10 basis of the averments made in the Plaint and the documents produced along with the Plaint. It is for the Applicants to raise the issue by filing a written statement and the said objection will be considered by the Trial Court at an appropriate stage after the parties adduce evidence. 3. Subject to what is observed above, no case is made out for interference with the impugned order. The Civil Revision Application is, therefore, rejected. 4. All contentions of the parties on merits are kept open. (A.S.OKA, J)