Law: Civil Procedure Code (V of 1908)

Section: O.XXIX,R.1

(a) Civil Procedure Code (V of 1908)--- ----O. XXIX, R. 1---Suit on behalf of company without the resolution of Board of Directors--- Maintainability--- Managing Director of company filed suit without resolution of Board of Directors, which was dismissed being non-maintainable---Validity---Plaintiff had not been authorized by the company to file the suit---Board of Directors of the company had neither executed any power of attorney in favour of plaintiff nor any Memorandum and Articles of Association had been filed before the Trial Court---Memorandum and Articles of Association filed before Appellate Court could not be relied upon as same was never produced before the Trial Court---No mis-reading, non-reading of evidence or irregularity or illegality had been pointed out in the impugned passed by the Court below---High Court Appeal was dismissed, in circumstances. Fasihuddin Khan and others v. Government of Punjab and others 2010 SCMR 1778; Sardar Gulab Singh v. Punjab Zamindara Bank, Ltd., Lyallpur through Sardar Desa Singh, Manager and others AIR (29) 1942 Lahore 47; H. M. Ebrahim Sait v. South India Industrials Ltd. AIR 1938 Madras 962; Ram Ragubhir Lal and others v. United Refineries (Burma) Ltd. AIR 1931 Rangoon 139; Government of NWFP and others v. Akbar Shah and others 2010 SCMR 1408; Adusumilli Gopalakrishnayya Garu PLD 1947 Privy Council 180; M/s Gulf Air v. M/s Shakil Air Express (Pvt.) Ltd. PLD 2003 Kar. 156; Qamran Construction (Pvt.) Ltd. v. Saleemullah and 2 others 2008 CLD 239; Trading Corporation of Pakistan v. Muhammad Alam 2016 CLC 1573; Abubakar Saley Mayet v. Abbot Laboratories and another 1987 CLC 367; Dumez Borie v. International Forwarders Ltd. NLR 1983 UC 184; M/s Standard Hotels (Private) Ltd. v. M/s Rio Centre and others 1994 CLC 2413; Sirajuddin Paracha and 12 others v. Mehboob Elahi and 3 others PLD 1997 Kar. 276; Abdul Rahim and 2 others v. M/s United Bank Ltd. of Pakistan PLD 1997 Kar. 62; Board of Control for Cricket in Pakistan v. Karachi Development Authority through Director-General and 51 others 1997 CLC 795; National Bank of Pakistan and others v. Karachi Development Authority and others PLD 1999 Kar. 260; M/s Taurus…

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