Law:

Section:

(a) Civil Procedure Code (V of 1908) --------- ----------O. XXIX, R. 1 --------- Proceeding by company or corporation --------- Resolution of Board of Directors of company --------- Scope --------- Proceedings on behalf of corporation or company could not be filed by a person unless duly authorized by Board of Directors of the company through a proper drafted resolution passed in meeting of Board of Directors duly convened for the said purpose --------- Signatory of vakalatnama, in the present case, was not competent to file appeal on behalf of company --------- Appeal had been filed by the company through its Managing Director but same had not been signed by any of the appellants --------- Present appeal had been signed by the counsel of the appellant --------- Appellants were not authorized by resolution of Board of Directors of the company to file present appeal --------- Memorandum of appeal was not signed and verified by the Chief Executive or legally authorized person --------- Any pleading might be signed and verified on behalf of corporation in a suit by or against the same by Secretary or Director or other principal officer of the said corporation who was able to depose the facts of the case --------- Alleged resolution drafted at the letter pad of the company might not be termed as valid resolution of Board of Directors of the company and at the most could be treated as an authority letter --------- Alleged resolution was also silent about referral to any meeting of the Board --------- Appellant had failed to produce an extract from the Minutes Book of the company which was of great importance --------- Indecipherable, un-cleared and scanty letter without referring to a particular meeting being not supported by minutes of meeting of Board of Directors might not be given any sanctity and could not be treated as substitute of resolution of the Board --------- Proceedings on behalf of company by a person not authorized by Board of Directors in a duly convened meeting would be nullity in the eye of law --------- When law required the doing of anything in a particular manner, same must be done in that manners only and all other manners of doing such an act…

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