Law:

Section:

Civil Procedure Code (V of 1908)--- ----O.III, R.2 & O. XXIX, R.2---Suit by Corporation---Suit filed by plaintiff (corporation) was decreed in its favour but Lower Appellate Court reversed the findings of Trial Court and dismissed the suit---Validity---Corporation was a juristic entity, which could take decision or act only through its Board of Directors---Authority or authorization by or on behalf of a Corporation was deemed to be valid and legal only when it had sanction or approval by its Board of Directors---Person who signed pleadings was Manager and could be head of a department of plaintiff Corporation but nowhere it was mentioned that he was 'principal officer' of plaintiff corporation and he had signed and verified plaint in such capacity---Plaint could have been signed and verified under and authorization given to him by Board of Directors as provision of O. III, R. 2, C.P.C. was attracted---Pleadings by or on behalf of a Corporation/Company were not proper and competent if signatory of pleadings and verification was not so authorized by Board of Directors of that Corporation/Company---Person who signed was not competent to initiate suit on behalf of plaintiff and appeal was rightly dismissed by Lower Appellate Court---Second appeal was dismissed in circumstances. 1988 CLC 1381; 2016 CLD 739; 2007 CLC 1811; 2006 CLC 829; 2006 CLD 85; 2005 CLD 1208; 2010 CLC 420; 2014 CLD 415; Khan Iftikhar Hussain Khan of Mamdot (Represented by 6 heirs) v. Messrs Ghulam Nabi Corporation Ltd. Lahore PLD 1971 SC 550 ref. THIS JUDGMENT DELIVERED BY: FAHIM AHMED SIDDIQUI, J.--- The appellant has assailed the common judgment dated 12-08-2010 passed by the learned Additional District Judge-V, Karachi South whereby he dismissed Civil Appeal No. 99/2008 filed by the appellant and allowed Civil Appeal No. 103/2008 filed by the respondent. Both the appeals were directed against judgment and decree passed by learned Senior Civil Judge-V, Karachi South in Suit No 1552/2002. 2. The facts of the case are that the appellant is a government owned company and they appointed respondent as agent for an unspecified period as custodian of goods and stocks of sugar. The respondent was…

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