The Jammu & Kashmir and Ladakh High Court ruled that the failure of the Chief Engineer to sign pleadings, which were instead signed by the Garrison Engineer, 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, setting aside the Single Judge’s dismissal order.
Pleadings Can Be Signed by Authorized Officers
The court clarified that 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, not affecting the maintainability of the application. It directed the appellants to be given an opportunity to correct the defect.
The court allowed the appeal, ruling that the defect did not warrant dismissal and set aside the impugned order.
