Assauw vs Billimoria – clr volume 2 page 086

In ASSAUW v. BILLIMORIA, the court addressed the issue of whether a petition of appeal, signed for a defendant’s proctor by another proctor and further authenticated by an advocate, fulfills the requirements of section 755 of the Civil Procedure Code. It was held that the authentication by the advocate’s signature remedied the procedural defect arising from the unauthorized proctor’s signature, thereby permitting the appeal to proceed. The principle reaffirmed is that statutory compliance requires effective authentication, and irregularity in the proctor’s signing can be cured if proper authentication is present. This decision relied on established judicial precedents and the interpretive scope of section 755, underscoring that substance takes precedence over form in ensuring the appellant