Law: Limitation Act, 1908

Section: 14,91

Law: Limitation Act, 1908

Section: 14,91

Law: Civil Procedure Code (V of 1908)

Section: O.XXIX,r.1,O.VII,r.11

Civil Procedure Code (V of 1908)-------O. XXIX, R.1---Signing and verification of pleadings---Suit by or against corporation/company---Non-signing of plaint by person authorized is only an irregularity and not an illegality so as to non-suit the plaintiff---Such omission can be rectified at any time---Rule 1 of O.XXIX, C.P.C. provides that in suits by or against company/corporation pleadings may be signed and verified on behalf of corporation/company by the Secretary or by any Director or other principal officer of the corporation, who is able to depose to the facts of the case---Suit in the name of company may be signed and verified by its Manager. 1982 CLC 1276 and 1988 CLC 1381 fol. PLD 1960 Lah. 1179; 1992 CLC 1480; 2001 AC 507; 1994 SCMR 826; 2003 SCMR 83 and 1982 CLC 1276 ref. Nisar A. Mujahid for Plaintiff. Ahmed Pirzada,. A.A.-G. Sindh for Defendants Nos. 1 to 7. Khalil-ur-Rehman for Defendants Nos.11 and 12. Nemo for other Defendants. ORDER KHALID ALI Z. QAZI, J.--- The Additional Registrar (O.S.) of this Court has raised the following objections on 10-9-2007:--- "(i) It appears that the suit is hit in respect of prayer clauses (1) to (5) as provided under Articles 14 and 91 of the Limitation Act. (ii) Let the plaintiff's limited company and the Resolution of Board of Directors to be filed as provided under Order XXIX, rule 1, C.P.C. (iii) Translation of vernacular documents as Annexures "B", "B/1", "D" to "D/3" and "E/1" to be filed as provided under Rule 40(5) Sindh Chief Court Rules (O.S.). (iv) It may be pointed out that the plaintiffs Messrs Javedan Cement Limited had earlier filed Civil Suits being Suits Nos.282 of 1994, 390 of 1994, 431 of 2005, 99 of 2006, 889 of 2006, 949 of 2006, 815 of 2006 and 652 of 2006, which are being for adjudication before this Honourable Court. (v) Proper Annexures to be marked. (vi) Cost, copies and draft summons to be supplied." In reply to the objections raised by the learned Additional Registrar the plaintiffs submit that as regards objections to the limitation of the suit the suit is very much within the limits prescribed by law as per PLD 1960 Lah. 1179, the limitation for the purposes of Article 14 shall start…

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