Law: Civil Procedure Code (V of 1908)

Section: 2 , 32 , 33

  Civil Procedure Code (V of 1908)--- ----O.III, R.2---Oanun-e-Shahadat (10 of 1984), Art. 95---Registration Act (XVI of 1908), Ss. 32 & 33---Power of attorney---Validity---Essentials---Power of attorney not authorizing attorney to rile suit in question---Effect---Power of attorney executed in foreign country had not been authenticated by any of the Authorities mentioned in Art. 95, Qanun-e-Shahadat, 1984 i.e. Notary Public, any Court, Judge, Magistrate, Pakistan Consul or Vice-Consul---In addition to such defect, power of attorney did not fulfil requirement, as provided under Ss.32 & 33, Registration Act, 1908---Power of attorney having not authorized attorney to file or defend suit in respect of property in question, suit filed on basis of such power of attorney was not maintainable and was rightly dismissed in circumstances.---[Power of attorney]. Jiwibai v. Ramkuwar Shriniwas Murarka Agarwala AIR 1947 Nag. 17; Muhammad Afsar Khan and another v. Khadim Hussain and others PLD 1978 SC (AJK) 143; Gul Taj Begum v. Lai Hussain and another PLD 1980 SC (AJ&K) 60 and Qurban Hussain and 2 others v. Hukam Dad PLD 1984 SC (AJ&K) 157 rel. PLD 1982 Kar. 72; 1992 CLC 15; PLD 1984 SC 12; PLD 1953 BJ 45; PLD 1966 Dacca 444 and AIR 1963 Raj. 147 ref. Interpretation of documents--- ---- Power of attorney---Construction---Power of attorney must be construed strictly as giving only such authority as is conferred expressly or by necessary implication.---[Power of attorney]. Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)---   ----S. 42---Appeal to Supreme Court---New plea---Legal plea--- Legal point/plea which would not require detailed inquiry could be raised for the first time even in Supreme Court. Civil Procedure Code (V of 1908)--- ----O.III, R. 2---Power of attorney---Scope---Power of attorney only gives that power which is specifically mentioned therein, and it would operate prospectively and not retrospectively.---[Power of attorney]. Civil Procedure Code (V of 1908)--- ----OXV, R. 3---Disposal of suit on question of maintainability---Other issues---Plaintiffs attorney having no valid power of attorney to file suit--Effect---Where…