Law: Civil Procedure Code (V of 1908)

Section: 2 , 188

  Civil Procedure Code (V of 1908)--- ----O.III,  R.  2---Contract  Act  (IX  of  1872)  S.188---Attorney's power---Extent- -Plaintiffs' suit filed through their mother holding power of attorney on behalf of plaintiffs, her sons---Competency to file suit---Plaintiffs had appointed their mother as attorney for administering properties of plaintiffs all over Pakistan and for doing many specified things including filing of cases in Courts of law for purpose of ejectment of tenants from properties of plaintiffs---Power of attorney was executed in 1986, while property in question, had already been built before 1971---Document executed on 25-8-1971 showed that property in question was comprised of built up shops and flats---Plaintiffs, thus, need not have specifically authorised attorney to represent them before specific Authority--Attorney was legally constituted agent for various purposes mentioned in respect of properties situated all over Pakistan ---Averment in plaint specifically dealt with power to eject tenants and to file any case in any Court of law---Attorney who had filed suit on behalf of plaintiffs was, thus, a duly constituted attorney in respect of property. in question and she could competently file suit against defendants. Civil Procedure Code (V of 1908)--- ---O.III, R. 2---Contract Act (IX of 1872), S. 188---Suit filed by person who had been subsequently appointed attorney of plaintiffs---Competency to file suit---Defendant's assailed suit on the ground that lease deed on behalf of plaintiffs had been executed by a different attorney and suit was filed by   different attorney, therefore, suit was not competently filed---Defendant's                                          …