Case Details

Citation(s)
1980 SLG 3319 = 1980 SLD 3319 = 1980 CLC 1932
Lahore High Court
First Appeal from Original Order No. 217 of 1979, decided on 21st November, 1979.
Presented By: Karrar Hussain Zaidi, J
Abdur Rashid Khan for Appellant. Raza Hussain Shamsi for
Respondent.

PUNJAB LIVESTOCK DAIRY AND POULTRY DEVELOPMENT BOARD-Petitioners

VERSUS

Sheikh MUHAMMAD YOUNUS-Respondent

Law: Punjab Livestock, Dairy and Poultry Development Board Act, 1974

Section: 3 (2), 11

Law: Civil Procedure Code (V of 1908)

Section:  O. XXIX, r. 1, O. 111, r. 1

(a) Punjab Livestock, Dairy and Poultry Development Board Act (III of 1974)  S. 3 (2)Corporate bodyPunjab Livestock, Dairy and Poultry Development Board, held, a body corporate consisting of Board of Directors including Managing Director as Chief Executive of Board and can sue or be sued in its nameAdministration and management of affairs of Board, held further, exclusively vest in Board of Directors. (b) Punjab Livestock, Dairy and Poultry Development Board Act (III of 1974) S. 11Delegation of powersSection I1 of Act, held, empowers Board of Directors to delegate any of its powers, duties or functions under Act by general or special order to certain persons including employees of Board. or Committee constituted under S. 9 of Act, subject to such conditions 4s it may deem fit to imposeNo power to sign application delegated to person filing application and such application not legally tenderedSubsequent application praying for Managing Director to be permitted to sign applicationHeld illegal act and cannot be legalized subsequentlyRatification of no avail where original act ab initio illegal. Shafiq Metal Works and S others v. The Bank of Bahawalpur Ltd . Gujranwala P L D 1973 Note 33 at p. 41 ref. (c) Civil Procedure Code (V of 1908)  O. XXIX, r. 1 & O. 111, r. 1Suit, institution ofOrder XXIX, r. 1Does not authorize persons mentioned therein to institute suits or initiate any legal action on behalf of Corporation Provision merely authorizes such persons to sign and verify pleadings on behalf of a CorporationInstitution of suit and legal proceedings or their presentationTo be done by party in person or by his recognized agent or by a pleader appearing, applying or acting as case may be on his behalf as required by O. III, r. 1. Notified Area Committee, Okara v. Kidar Nath and others A I R 1935 Lah. 345 ; Khan Iftikhar Hussain of Mamdot v. Ghulam Nabi Corporation Ltd., Lahore P L D 1971 S C 550 and Thal Development Authority v. Nisar Ahmad Qureshi P L D 1962 Lah. 830 ref. (d) High Court Rules and Orders (Lahore), Vol. V Chap. 6B, r. 2Advocate or VakilPower to actNo Advocate or vakil, held, can act for any person in any Court unless appointed by an…
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