Law: Civil Procedure Code (V of 1908)

Section: 99,9,Preamble

Law: Civil Procedure Code (V of 1908)

Section: 99,9,Preamble

Law: Specific Relief Act, 1877

Section: 54,8

(a) Civil Procedure Code (V of 1908)-------Ss. 99, 9 & Preamble---Specific Relief Act (I of 1877) Ss.54 & 8---Appeal from original decree---Filing of suit through general power of attorney---Non-mentioning in plaint of concise statement to the effect that suit was being filed through plaintiff's attorney---Effect---Suit for possession of immovable property and permanent injunction was filed by plaintiff through his attorney and was decreed by Trial Court---Appellate Court set aside decree on the ground that suit was filed by an incompetent person, as plaint did not contain a concise statement to the effect that the suit was being filed through plaintiff's attorney---Validity---No specific issue was framed regarding question of competency of plaintiffs attorney and no objection in that regard was raised by the defendants in their written statements---General power of attorney was exhibited in evidence before Trial Court---Court, under law, was required to give finding on questions formulated before it in the form of issues---Rules framed in the C.P.C. were made for advancement of justice and they should not, as far as possible, be allowed to operate so as to defeat the ends of justice---Under S.99, C.P.C. mere error or irregularity not affecting merit or jurisdiction was not sufficient for setting aside a decree---Since concise statement not mentioning the name of general attorney was a non-issue, the Appellate Court had committed material irregularity which had resulted in an injustice---High Court set aside impugned order of Appellate Court and restored decree of Trial Court---Appeal was allowed, in circumstances. Messrs Gotco Trading Limited v. Government of Pakistan, and others 2004 CLC 205(sic); Abdul Hameed Khan v. Mrs. Saeeda Khalid Kamal Khan and others PLD 2004 Kar. 17; Messrs GETCO Trading Ltd. through Local Agent v. Government of Pakistan through Director-General and 2 others 2003 YLR 3309 distinguished. Toor Gul v. Mst. Mumtaz Begum PLD 1972 SC 9; Ismail v. Bashir 1981 SCMR 687; 2003 YLR 3309; PLD 2004 Kar. 17 and PLD 1947 PC 180 rel. (b) Civil Procedure Code (V of 1908)--- ----Preamble---Object of Civil Procedure Code, 1908---Rules framed in…

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