The Appeal arises from an order of a Learned Single Judge dated 6 November 2012, rejecting a Motion for interlocutory relief in a suit for specific performance of a Memorandum of Understanding dated 10 March 2008. The First Plaintiff (the First Appellant before the Court) is a private limited company, incorporated under the Companies Act 1956. The Second to Seventh Plaintiffs were partners of a partnership firm by the name of Mana Construction and had executed a power of attorney in favour of one Saleem Motorwala who had verified the plaint. The First Plaintiff is a corporate entity having its own juristic personality. Hence, an authority executed by the partners of the erstwhile partnership firm could not possibly amount to a valid authorization for the institution of a suit on behalf of the First Plaintiff. Order 6 Rule 14 of the Code of Civil Procedure 1908 requires that every pleading shall be signed by the party and its pleader if any. In a similar situation in State Bank of Travancore v. Kingston Computers India Private Limited1 , a suit was filed by the Respondent who claimed to be authorized by the Chief Executive Officer of the company. The Supreme Court held that the Respondent had failed to produce
