Law: Civil Procedure Code (V of 1908)

Section: O.VII,r.11

Law: Civil Procedure Code (V of 1908)

Section: O.VII,r.11

Law: Qanun-e-Shahadat (10 of 1984)

Section: 95

a) Civil Procedure Code (V of 1908)-------O. VII, Rr.2 & 11---Suit for recovery of amount---Rejection of plaint---Application for---Ingredients required for dismissal of suit---For the purpose of deciding an application under O. VII, R.11, C.P.C., only the averments made in the plaint were to be taken into consideration and nothing else was to be considered for that purpose---Plaintiff in the plaint had shown, the cause of action that had accrued--Mere denial by the defendants could not suffice---Provisions of clause (a) of O.VII, R.11, C.P.C. were of no help to the defendants---No controversy as envisaged under clauses (b) and (c) of O. VII, R.11, C.P.C. with regard to valuation of the relief claimed or the same being written on insufficiently stamped paper---Under clause (d) of O. VII, R.11, C.P.C., the court was to decide on the basis of the averments made in the plaint whether the suit was barred by any law---Application filed by the defendants under O. VII, R.11, C.P.C. was dismissed. (b) Civil Procedure Code (V of 1908)--- ----O. VII, R.2 & O.XXIX, R.1---Qanun-e-Shahadat (10 of 1984), Art.95---Suit for recovery of amount---Filing suit on behalf of a company---Presumption as to power-of-attorney---Scope---Suit or any other proceeding filed by a person on behalf of a company without having been duly authorized to do so by the company would be without lawful authority and liable to be dismissed as such---Where a suit had been filed by a duly authorized person, but such authority had not been produced at the time of filing of the suit, same could not be said to be filed by the incompetent person, that at the best could be termed as an irregularity which was curable and not as an illegality---Power of attorney executed and authenticated by Notary -Public or any Court, Judge, Magistrate, Pakistan Consul or Vice Consul or representative of the Federal Government, was to be presumed to have been so executed and authenticated. Ghulam Mohiuddin and another v. Noor Dad and others PLD 1988 SC (AJ&K) 42 and Ismail and another v. Mst. Razia Ahmad and others 1981 SCMR 687 ref. (c) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 117 & 118---Burden of…

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