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    <title>2004 (11) TMI 608 - DELHI HIGH COURT</title>
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    <description>Affidavit evidence under Order XIX CPC must be confined to matters within the deponent&#039;s knowledge, with the source of belief disclosed where necessary; a verification in substantially compliant form was accepted, but unsupported assertions given as based on record had little evidentiary value. A sole proprietorship has no separate legal personality and cannot sue in its own name; the plaint must disclose the proprietor and the authority of the person signing and verifying it. Because the suit was instituted only in the firm&#039;s name without proof of authority, the filing was held defective and unauthorised, and dismissal was sustained.</description>
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    <pubDate>Tue, 23 Nov 2004 00:00:00 +0530</pubDate>
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      <title>2004 (11) TMI 608 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=283732</link>
      <description>Affidavit evidence under Order XIX CPC must be confined to matters within the deponent&#039;s knowledge, with the source of belief disclosed where necessary; a verification in substantially compliant form was accepted, but unsupported assertions given as based on record had little evidentiary value. A sole proprietorship has no separate legal personality and cannot sue in its own name; the plaint must disclose the proprietor and the authority of the person signing and verifying it. Because the suit was instituted only in the firm&#039;s name without proof of authority, the filing was held defective and unauthorised, and dismissal was sustained.</description>
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