Law:

Section:

(a) Civil Procedure Code (V of 1908)--O. XXVII, R. 2---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to consider the question whether an Advocate, could be considered as a Government Pleader within the meaning of O.XXVH, C.P.C. and whether the appeal presented by him on behalf of Government could be rejected on the ground that it was not signed by an authorised person. (b) Civil Procedure Code. (V of 1908)--- ----O. XXVII, R.2---Advocate who appeared for the Government and had signed the memo. of appeal stated before the High Court that he was authorised by the Advocate-General to file the appeal but the High Court did not allow him the opportunity to produce the authority or to rectify the defect and non-suited the appellant---Held, if the High Court was of the view that the Advocate had not been authorised to sign memo. of appeal on behalf of the Government, it should have allowed the Advocate an opportunity to get the memo of appeal signed by the appropriate officer instead of non-suiting the appellant on such technical ground. Ismail and another v. Mst. Razia Begum and 3 others 1981 SCMR 687; Liaqat Hayat and 5 others v. Muhammad Sarwar 1985 SCMR 1386; Ghulam Qadir v. Abdul Sattar PLD 1984 SC 12; Nabi Bakhsh & Sons v. Pakistan PLD 1969 Kar. 210; M/s. Nabi Bakhsh & Sons v. Pakistan PLD 1969 Kar. 566 and Toor Gul v. Mst. Mumtaz Begum (PLD 1972 SC 9) ref. JUDGMENT SAEEDUZZAMAN SIDDIQUI, J.---The respondent filed an application under section 20 of the Arbitration Act with the prayer that the appellant be directed to file the arbitration agreement in Court and thereafter arbitrators be appointed in accordance with the arbitration agreement. The application was resisted by the appellant but the Civil Judge, 1st Class, Lahore allowed the application by order dated 3-1-1988. The order of the Civil Judge, Lahore was challenged in FAO No.28 of 1988, before the Lahore High Court, and a learned Judge in Chamber dismissed the appeal on the short ground that Mr. Abdul Majid Sheikh, Advocate, who had signed the memo. of appeal on behalf of the appellant had no authority to sign the same. Leave was granted in this case to consider the…

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