Law: Admiralty Jurisdiction of High Courts Ordinance (XLII of 1980)

Section: 7

Law: Civil Procedure Code (V of 1908)

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

Admiralty Jurisdiction of High Courts Ordinance (XLII of 1980)---S. 7---Civil Procedure Code (V of 1908), O.VII, R.11 & O. XXIX, R.1---Contract Act (IX of 1872), S.196---Admiralty suit by shipping Corporation-Non-filing of resolution of Board. of Directors of plaintiff-Corporation along with plaint of its signatory---Rejection of plaint on such Count, application for---Validity---No mandatory provision of law existed requiring filing of such resolution along with plaint---Such resolution could be filed at the time of evidence---Plaintiff-Corporation had not disputed authority of signatory of plaint---Appointment of an Advocate by plaintiff-Corporation for pursuing case had amounted to validation of such authority to some extent in absence of arty dispute---Plaint on such count not to be rejected under O.VII, R.11, C.P.C.---High Court rejected such application in circumstances. ORDER MUNIB AHMAD KHAN, J.---This application (C.M.A. No.170 of 2008) under Order VII Rule 11 read with section 151, C.P.C. has been filed by the defendants Nos. 1 to 4 on the ground that the plaintiff has no cause of action while the suit from the statement of plaint appears to be barred by law and the instant suit has not been filed by an unauthorized person. Taking the first point in respect of the cause of action, the plaintiff has explained that the defendant No.5 contracted it for transportation of certain cargo and for that purpose he has engaged the defendant No.1 but during the course of voyage the goods were damaged and the claim was raised by defendant No.5 and since the cargo was insured, therefore the insurance company has paid the amount to defendant No.5, therefore, it is expected that the insurance company will now file a case against the plaintiff for recovery of insured amount, which is paid to the defendant No.5. Mr. S. Ali Haider, learned counsel for defendants Nos. 1 to 4, has argued that some strange prayers have been taken in the plaint as the plaintiff is requested to be transposed the defendant No.5 as plaintiff No.2, which has no cause of action against the present defendant as its claim stand satisfied the insurance company. He has further submitted that…

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