Law: Civil Procedure Code (V of 1908)

Section: 1,11

Law: Specific Relief Act, 1877

Section: 54

Civil Procedure Code (V of 1908)--- ----O.XXIX, R.1 O.VII, R.11---Specific Relief Act (I of 1877), S.54---Suit for permanent injunction---Application for rejection of written-statement, dismissal of---Subscription and verification of pleadings in suits by or against the corporation---Authorized attorney---Scope---Plaintiff filed an application for rejection of the written-statement of the defendant (cellular company), however, both the Courts below dismissed the said application/plaintiff contended that written-statement of the defendant (cellular company) was not filed by the authorized attorney---Held, that O.XXIX, R.1 of Civil Procedure Code, 1908, stipulated that in suits by or against the corporation, pleadings was to be signed and verified, on behalf of the corporation, by the Secretary or by any Director or other Principal Officer of the corporation who was able to depose to the facts of the case---Plaint filed by the petitioner revealed that the petitioner himself had sued the respondent (cellular company) through its executive legal, while rest of the respondents (tower workers union etc.) had been sued in their personal capacity--- Well authorized attorney had filed written-statement on behalf of the respondent (cellular company), who was well conversant with the facts of the case---Said attorney signed and verified the written statement; he was duly authorized by the authorized person, nominated by Board of Directors vide its resolution---No illegality or infirmity was found in the concurrent findings of the two Courts below---Constitutional petition was dismissed, in circumstances JUDGMENT IKRAMULLAH KHAN, J.--- Through the instant writ petition, petitioner has challenged the validity and legality of impugned judgments dated 21.10.2017 and 22.10.2018 rendered by learned Civil Judge, Mardan and learned Additional District Judge, Mardan respectively, whereby the former dismissed the application of petitioner for dismissal of the suit while the latter dismissed the revision petition filed by petitioner against the impugned judgment dated 21.10.2017. 2. In essence, petitioner instituted a suit against the respondents for permanent injunctions before the…

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