Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)-------Arts. 81 & 95---Power of attorney---Authenticity---Scope---Authenticity is not merely attestation but something more---Person authenticating has to assume himself of the identity of person, who has signed instrument as well as the fact of execution---Power of attorney bearing authentication of notary public or any authority mentioned in Art.95 of Qanun-e-Shahadat, 1984, is sufficient evidence of execution of instrument by the person, who appears to be the executant on face of it---Provision of Art.95 of Qanun-e-Shahadat, 1984, is mandatory and it is open to the court to presume that all necessary requirements for proper execution of power of attorney have been duly fulfilled---Where a purported power of attorney has actually been acted upon but does not qualify for presumption under Art.95 of Qanun-e-Shahadat, 1984, those who seek to rely upon it or are allegedly affected thereby may resort to due modes of its proof, which may include examination of its attesting witnesses---If donor of power or its executant himself/herself admits execution of power of attorney, none of such modes would be necessary---In such an event, principle underlying Art.81 of Qanun-e-Shahadat, 1984, would become applicable and admission of executant would be sufficient proof of execution as against himself or herself. Wali Muhammad Chaudhry v. Jamaluddin Chaudhri AIR 1950 All. 534, Jugrej Singh and another v. Jaswant Singh AIR 1971 SC 761; Right Society v. Indian Morning Restaurant AIR 1939 Born. 347; ANZ Grindlays Bank Ltd. v. Saadi Cement Company Ltd. PLD 2001 Kar. 143 and Ziauddin Siddiqui's case 1990 CLC 645 rel. (b) Civil Procedure Code (V of 1908)--- ----O. VIII, Rr. 3 & 5---Written statement---Denial---Not sufficient under O.VIII, R.3, C.P.C. for defendant in his statement to deny generally the grounds alleged by plaintiff---Defendant must deal specifically with each allegation of fact which he does not admit to be true, except damages---Every allegation of fact in plaint, if not denied specifically or by necessary implication or stated to be not admitted in pleadings, under O.VIII, R.5, C.P.C. it is taken to be admitted except as…

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