Case Details

Citation(s)
2014 SLG 1759 2014 SLD 1759 2014 CLC 1151
Lahore High Court
Regular First Appeal No.402 of 2008, heard on 25-02-2014.
ALI BAQAR NAJAFI AND MISS AALIA NEELUM, JJ

Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395

BAJWA INDUSTRIES (PRIVATE) LIMITED through Chief Executive

VS

MUHAMMAD JEHANGIR

Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. XXIX, R. 1---Suit by corporation---Requirements---Person instituting legal proceedings on behalf of company should be authorized through a resolution passed by the Board of Directors in a meeting convened for such purpose---Order XXIX, R.1, C.P.C. allowed a person to sign or verify on behalf of corporation a suit validly instituted but did not authorize the institution of the same---Plaintiff was a private limited company and its Chief Executive should be empowered/authorized through a resolution by Board of Directors to exercise and perform powers to institute a suit---Chief Executive who was not authorized by the Board of Directors had filed present suit but no resolution passed by the company was filed with the same---Examination-in-chief of defendant remained unrebutted and plaintiff had failed to prove that notice was served on the defendant---No written order with regard to preparing and supply of goods was produced in the court nor same was mentioned in the plaint---Claim made by a party would fail if evidence was not produced to support such claim---Plaintiff-company had failed to prove its claim by leading cogent and reliable evidence---Both suit and appeal were filed by a person who was not authorized to file the same on behalf of company---Appeal was dismissed in circumstances. Mamdot (represented by 6 heirs) v. Messrs Ghulam Nabi Corporation Ltd. PLD 1971 SC 550 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 115---High Court (Lahore) Rules and Orders, Volume V, Ch. I, Part A, Rr.9 & 9-A---Revision---Office objection---Limitation---Scope---Revision could not be termed to be barred by time when same was originally filed within time but was deficient in some respect and such deficiencies were not supplied and made up in the given time. Farman Ali v. Muhammad Ishaq and others PLD 2013 SC 392 rel. Khawaja Abrar Majal for Appellant. Ch. Aamar Rehman for Respondent. Date of hearing: 25th February, 2014. JUDGMENT MISS AALIA NEELUM, J.--- This appeal is directed against the judgment and decree dated 22-6-2006 passed by the learned Civil Judge Ist Class, Gujranwala whereby suit of the appellant for…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492