Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Law: Constitution of Pakistan, 1973

Section: 199

(a)    Words and phrases-------Slash (/)---Connotation---Slash (/) - a forward sloping line (/) - technically known as a virgule but also called a slant, solidus, or stroke, an oblique, an oblique stroke, a diagonal, a solidus, a forward slash, and a separatrix is a mark of punctuation that serves several purposes in writing, essentially standing in for other words as a quick and clear way of showing the connection between two things.The Concise Oxford English Dictionary; The Merriam-Webster Dictionary; Howards v. Fifth Third Bank, No. 18-cv-00869, 2023 U.S. Dist. LEXIS 20088 and 2023 WL 1778522, at *7 (S.D. Ohio Feb. 6, 2023) rel.(b)    Civil Procedure Code (V of 1908)-------S. 12 (2)---Constitution of Pakistan, Art. 199---Constitutional petition---Fraud and misrepresentation---Power of attorney---Interpretation---Petitioner was aggrieved of dismissal of his application under S. 12(2), C.P.C. on the ground that attorney of petitioner did not have any authority to file such application---Validity--Attorney was acting on behalf of principal for his benefit in relation to subject property with clear power to safeguard interest of petitioner---General Power of Attorney had granted powers to the attorney to do all things on behalf of the principal in relation to protecting his rights---Trial Court and Lower Appellate Court could not deprive the attorney from exercising his power to file a suit, written statement or, from filing an application under S. 12(2), C.P.C., on behalf of his principal---Such interpretation was in the context of facts and circumstances peculiar to the matter of petitioner---Application of rules of interpretation regarding the punctuation slash (/) had different outcomes depending on the facts and circumstances of each case---High Court set aside orders passed by two Courts below and remanded the matter to Trial Court for decision on merits after recording of evidence, as the attorney was duly authorized and competent to file application under S. 12(2), C.P.C.---Constitutional petition was allowed accordingly.Date of hearing: 16th November, 2023.JUDGMENTJAWAD AKBAR SARWANA, J.---This Constitution…