Law: Civil Procedure Code (V of 1908)

Section: O. 111, r. 1, O. XLI, r. 1

(a) Civil Procedure Code (V of 1908)  O. 111, r. 1 & O. XLI, r. 1-Power of Attorney-Appeal-Appeal filed without appellant's signature on memo. of appeal as well as on Power of Attorney-Such defect, held, an irregularity and can " be rectified provided person presenting appeal or suit, otherwise authorised to do so by party concerned.-[Power of Attorney]. Habeeb and others v. Naush Ali and othersY 1921 I C 444 ; Khaira vo Nathu and others A I R 1920 Lab. 212 ; Bisheshar Nath v. Emperor 1944 I C 28 ; Basda v. John Smith 22 All. 55 ; The Firm Mathra Das Bishambar Nath v. The Firm Roma Lai Kanshi Nath A I R 1923 Lab. 402 ; Ram Lai v. Budho Mal A 1 R 1927 Lab. 618 ; Mst, Karam Nishan v. Mehrban Ali .Shah P L D 1959 Lab. 946 ; Mst. Azra Begum v. Piran Ditto P L D 1967 Lab. 807 ; Messrs Kabi Bakhsh & Sons v. Pakistan through the Secretary, Ministry of Industries and Natural Resources P L D 1969 Kar. 210 and Toor Gul v Mst. Mumtaz Begum P 1- p 1972 S C 9 ref. (b) Civil Procedure Code (V of 1908) O. III, r. 1 & O. XLI, r. 1-Purpose of provisions-To ensure suit or appeal being preferred by recognised agent or pleader on behalf of party concerned-Provisions that authority in favour of pleader should be in writing-Aims at eliminating every possibility of confusion, fraud or exploitation and making sure of no harm being caused to genuine party-Party genuinely and actually engag ing lawyer, giving instructions and lawyer acting according to such instructions-Proceedings conducted by such lawyer on behalf of his client, in absence of authority in writing, held, would not become invalid.-[Counsel and client]. Date of hearing : 21st November, 1979.                                                                                                      JUDGMENT ZAKIUDDIN PAL, J.-This judgment will also dispose of L. P. A. 34/C of 72 as both the appeals arise from the same judgment delivered by a learned…