Law: Civil Procedure Code (V of 1908)

Section: 1

(a) Civil Procedure Code (V of 1908)--O.XXIX, R.1 & O.VII, R.2---Constitution of Pakistan 1973, Art. 199---Constitutional petition---Suit for recovery of amount by Company---Pleadings, in suits by or against a corporation, could be signed and verified on behalf of Corporation by Secretary or by any Director or other Principal Officer of Corporation who was capable to depose the facts of the case---Rule 1 of Order XXIX, C.P.C., required filing of, suit by Corporation through authorised person and plaint or appeal on behalf of Corporation could only be signed/verified by a person duly constituted in accordance with Articles of Association of Corporation---For determination whether a suit had been instituted by a person empowered to do so, reference would have to be made to Articles of Association of Corporation---Petitioner/Plaintiff in the present case, was a private limited Company incorporated under Companies Ordinance, 1984---Nothing was on record to indicate that petitioner made any attempt to satisfy the Trial Court that plaint had been signed and verified by a person who was duly authorised to do so in accordance with Articles of Association of Company---Plaint in present case was signed by one who claimed to be General Attorney of petitioner-Company---He did not file even copy of power of attorney along with plaint so as to enable Trial Court to ascertain as to whether power of attorney was executed in his favour in pursuance of a resolution passed in accordance with Articles of Association of Company---Power of Attorney in favour of alleged Attorney was executed in his favour by a Director of petitioner Company---A Director of a Corporation had no authority to execute a power of attorney in favour of another Director unless so authorised by Board of Directors---Petitioner could not produce any material on record to establish that plaint was signed and verified by a person in accordance with provisions of Order XXIX, C.P.C. and Articles of Association of Company---Suit was rightly dismissed by Trial Court in circumstances. (b) Civil Procedure Code (V of 1908)--- ---- S.114 & O.XLVII, R.1---Review---Object---Requirements---Review application was…

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