Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11,O.XXIX,R.1

Law: Constitution of Pakistan, 1973

Section: 201

Law: Sindh Chief Court Rules (O.S.)

Section: 196

(a) Civil Procedure Code (V of 1908)--- ----O. VII, R. 11 & O. XXIX, R. 1---Sindh Chief Court Rules (O.S.), R.196---Suit by company through its officer---Non-filing with plaint the resolution of plaintiff company's Board of Directors authorizing such officer to institute suit---Defendant's application under O.VII, R.11, C.P.C. seeking rejection of plaint for suit not having been filed through a duly authorized person---Validity---Plaint found mention that suit had been filed by duly authorised person being conversant with facts of case---Every fact stated in plaint would be taken as true and correct for consideration of plaint---Rule of "indoor management" would apply to the present case, wherein defendant was a third party---Memorandum and Articles of Association of plaintiff Company would require examination, whereas production of Board's resolution would not be essential, which might be produced by way of abundant caution---Defendant's objection was not based on non-production of Articles of Association, which being a public document might be produced at any time for examination and consideration by court---Plaintiff could not be penalized for non-production of Board's resolution along with plaint---Plaint could not be rejected on basis of such objection of defendant for having factual element and also while assuming averments made in plaint to be true and correct---High Court dismissed such application in circumstances. Muhammad Siddiq Muhammad Umar and another v. Australasia Bank Ltd. PLD 1966 SC 685; Ifthikhar Hussain Khan of Mamdot v. Ghulam Nabi Corporation Ltd. PLD 1971 SC 550; National Insurance Corporation and others v. Pakistan National Shipping Corporation and others 2006 CLD 85; Dumez Borie v. International Forwarders Ltd. NLR 1983 UC 184; Abdul Rahim and others v. United Bank Ltd. PLD 1997 Kar. 62; Standard Hotels (Pvt.) Ltd. v. Rio Centre and others 1994 CLC 2413; Dr. S.M. Rab v. National Refinery Ltd. and another PLD 2005 Kar. 478; Abubakar Saley Mayet v. Abbot Laboratories and another 1987 CLC 367; Government of Pakistan v. Premier Sugar Mills and others PLD 1991 Lah. 381; National Bank of Pakistan and others v. Karachi Development…