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

Section: 3

Admiralty Jurisdiction of High Courts Ordinance (XLII of 1980)--S.3(2) --Qanun-e-Shandat (10 of 1984), Art.95---Civil Procedure Code (V of 1908), O.VII, R.11---Rejection of plaint--Power of Attorney---Presumption---Defendant, the owner of vessel sought rejection of plaint on the ground that suit was filed by a person in whose favour there was no valid power of attorney executed from a foreign State--Validity---Contention of defendant raised questions/issues of fact and required evidence---Power of attorney was placed in court file supported with proper application filed by plaintiff-Plaint was filed by a duly authorized person and power of attorney filed along with translation of foreign government's relevant gazette notification, which had been filed in court and taken on record of the court file---High Court declined to reject plaint on the ground that the documents were not explained earlier and Government's gazette notification placed on record had given authority as stated in the gazette---Power of attorney in foreign language had an English translation alongside and no ambiguity or question on the document would require evidence---Application was dismissed in circumstances. 2009 CLD 234; N.V. Nutricia v. Messrs Nutricia Foods International 2000 CLC 866; Ramesh M. Udeshi v. The State PLD 2003 Kar.420 and Rashid Khan v. Shujauddin 1986 MLD 2930 ref. ORDER MS. RUKHSANA AHMED, J.---This order will dispose of the application filed by the defendant under Order VII rule 11, C.P.C. with prayer for rejection of the plaint as the same has not been filed by a duly authorized person and as neither the power of attorney nor the Board Resolution nor Memorandum and Articles of Association of the plaintiff-Company has been filed along with the plaint as such there is no suit before this Court and the plaint is liable to be rejected. The application is supported with an affidavit of the duly constituted attorney of the defendant. Learned counsel has argued that the power of attorney is actually not a power of attorney at all but it is merely a statement allegedly made by some alleged employee of the plaintiff/company sworn before some Notary Public in Athens Greece. The…

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