Law:

Section:

(a) Azad Jammu and Kashmir Supreme Court Rules, 1978--- ----O. XIII, R. 3---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.21(7)(13)---Civil petition for leave to appeal by Azad Jammu and Kashmir Council---Requirements---Impugned was passed against Azad Jammu and Kashmir Council---Azad Jammu and Kashmir Council could be termed as an "aggrieved person" to challenge the said ---Authority of Azad Jammu and Kashmir Council was to be exercised in the name of the Council by the Chairman who might delegate any of its functions to the officer or authority subordinate to it---Secretary Azad Jammu and Kashmir Council had been delegated with the powers only to sign and verify the plaint, written statement and instrument in any suit by or against the Council on behalf of Azad Jammu and Kashmir Council, its Chairman or any public officer or appointment of counsel on behalf of the Council in such court---Secretary had not been authorized to substitute himself with the Council or Chairman of Azad Jammu and Kashmir Council---Secretary Azad Jammu and Kashmir Council could act on behalf of the principal but could not be treated as substitute of the principal---Secretary Azad Jammu and Kashmir Council was an independent party in the impugned ---Power-of-attorney tendered in the civil petition for leave to appeal did not speak that it had been signed on behalf of Azad Jammu and Kashmir Council or its Chairman through Secretary---Counsel had been engaged and authorized only on behalf of Secretary Azad Jammu and Kashmir Council in the petition for leave to appeal---Power of attorney filed by the Secretary Azad Jammu and Kashmir Council in the present case could only be deemed to be executed and signed on his behalf and not on behalf of any other party---Present civil petition for leave to appeal was filed only on behalf of Secretary Azad Jammu and Kashmir Council and none of the others had executed the power of attorney or authorized any counsel to file the same on its behalf---Civil petition for leave to appeal was treated by the Supreme Court to have been filed only on behalf of Secretary Azad Jammu and Kashmir Council and not on behalf of Chairman Azad Jammu…

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