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Reading: Garrison Engineer’s Signature On Pleadings Deemed A Curable Defect: J&K And Ladakh High Court
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ApniLaw > Blog > Civil > Garrison Engineer’s Signature On Pleadings Deemed A Curable Defect: J&K And Ladakh High Court
CivilHigh CourtNews

Garrison Engineer’s Signature On Pleadings Deemed A Curable Defect: J&K And Ladakh High Court

Amna Kabeer
Last updated: January 23, 2025 6:31 pm
Amna Kabeer
6 months ago
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Garrison Engineer's Signature On Pleadings Deemed A Curable Defect: J&K And Ladakh High Court
Garrison Engineer's Signature On Pleadings Deemed A Curable Defect: J&K And Ladakh High Court
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The Jammu & Kashmir and Ladakh High Court ruled that the failure of the Chief Engineer, which were instead the Garrison Engineer’s signature on pleadings, is a curable defect and not grounds for dismissal. The bench of Justice Sanjeev Kumar and Justice Puneet Gupta allowed the appeal under Section 34 of the Arbitration Act. Hence, setting aside the Single Judge’s dismissal order.

Contents
Pleadings Can Be Signed by Authorized OfficersUnion of India as the Contracting PartyCurable Defect Not Fatal


Pleadings Can Be Signed by Authorized Officers


The court clarified under Order XXVII Rule 1 of the Civil Procedure Code. Authorized officers, including the Garrison Engineer, can sign pleadings on behalf of the Union of India. The Chief Engineer’s absence does not render the application invalid.


Union of India as the Contracting Party


The court emphasized that contracts involving the Union of India, under Article 299 of the Constitution, are executed by authorized officers but remain between the Union of India and the other party. Neither the President nor the executing officer becomes a party to the contract.


Curable Defect Not Fatal


The court found that the failure of the Chief Engineer to sign the application under Section 34 of the Arbitration Act was a curable irregularity. If does not affect the maintainability of the application. It directed the appellants to be given an opportunity to correct the defect.
The court allowed the appeal. Hence, ruling that the defect did not warrant dismissal and set aside the impugned order.

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TAGGED:ArbitrationArbitration and Conciliation ActContractContract LawHigh CourtJammu and Kashmir
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