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PROCEDURAL DEFECTS WHICH DO NOT GO TO THE ROOT OF THE MATTER SHOULD NOT BE PERMITTED TO DEFEAT A JUST CAUSE

Supreme Court in United Bank of India v. Naresh Kumar and Others (AIR 1997 SC 3) held that 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 court under the Code of Civil Procedure to ensure that injustice is not done to any parties who has a just cause. The original of the power of attorney is subsequently produced in this court and according to me the contention on the question of maintainability - that the suit is not maintainable due to the non competence of the signatory to the plaint cannot any longer survive.

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