Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 15

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S.15---Appeal---Maintainability---Appeal had been filed against order, whereby appeal against order of ejectment passed by, Rent Controller was dismissed---Appellant was a private limited company and appeal had been filed through its Chief Executive who was not duly authorized to institute appeal on behalf of appellant company---Any legal proceedings on behalf of a limited company could only be instituted by a person authorized to do so on behalf of said company---No assertion was made in appeal that said Chief Executive who had filed appeal on behalf of appellant company was authorized to institute appeal---Appeal Which was not filed by a duly authorized person, being not maintainable, was dismissed. Messrs A.M. Industrial Corporation Ltd v. Aijaz Mehmood and others 2006 SCMR 437 and Khan Iftikhar Hussain Khan Mamdot v. Ghulam Nabi Corporation Ltd. PLD 1971 SC 550 rel. THIS ORDER PASSED BY: SH. AZMAT SAEED, J--- This appeal under section 15 of the Urban Rent Restriction Ordinance, 1959 is directed against the order, dated 12-6-2006 whereby the appeal filed by the appellant against the order of ejectment, dated 13-12-2002 was dismissed. 2. At the very outset, learned counsel for the respondent has taken a preliminary objection as to the maintainability of the instant appeal on the ground that the same has not been instituted by a duly authorized person. It is contended by the learned counsel for the respondent that the appellant is a private limited company and the present appeal has been instituted through one Imran Ashraf its purported Chief Executive. However, said person is not authorized to institute the appeal on behalf of the appellant company. It is contended that there is nothing on the record to suggest that Imran Ashraf. was authorized by the company on the basis of articles of association/resolution of its boards of directors or the power of attorney to institute the instant appeal, hence, the same is non est in the eye of law and thus liable to be dismissed. In support of his contentions, learned counsel for the respondents relies on 2006 SCMR 437 Messrs A.M.…

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