Power of attorney proof and corporate authority must be established before Section 85 presumption or Order XXIX can apply.

A statutory presumption under Section 85 of the Indian Evidence Act arises only when execution of the power of attorney before the notary and proper authentication are shown; vague notarisation and failure to produce the board resolution or attesting witnesses defeated that presumption. A corporation suing through an agent must also independently prove the agent's authority or bring the case within Order XXIX of the Code of Civil Procedure. As the purported constituted attorney was not shown to be a director or principal officer, the plaint could not be supported on that basis, and the defect was not cured by additional evidence.

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Issues: Whether the plaint and the power of attorney were proved to have been signed, verified and instituted by a duly authorised person, and whether the presumption under Section 85 of the Indian Evidence Act, 1872 or the benefit of Order XXIX of the Code of Civil Procedure, 1908 could be invoked.

Analysis: The power of attorney was said to have been executed on the basis of a board resolution, but neither the resolution nor the persons said to have executed or witnessed the document were produced. The notarial endorsement was held to be vague and insufficient to show execution before the notary or the basis of authentication, so the requirements for raising the statutory presumption under Section 85 were not satisfied. Since the purported constituted attorney was not shown to be a director or principal officer, the plaint could not be supported under Order XXIX. The appellant also failed to lead additional evidence to cure the defect.

Conclusion: The power of attorney was not proved, the suit was not shown to have been instituted by a duly authorised person, and the appellant was not entitled to relief.

Ratio Decidendi: The statutory presumption as to a power of attorney arises only when execution before and authentication by a notary are proved, and a corporation suing through an agent must independently prove the agent's authority or fall within Order XXIX.

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