Law:

Section:

Civil Procedure Code (V of 1908)----O.XXIX, R.1---Suit filed by corporation---Maintainability---Plaint was signed and verified by manager who was attorney and had been authorized through power of attorney executed by Managing Director for the purpose as required under O.XXIX, R.1 C.P.C---Power of attorney was produced in court and the fact was confirmed by plaintiffs representative in his evidence which had not been denied or rebutted by defendant in cross-¬examination---Suit, held, was filed by authorized person in circumstances. 1988 CLC 1381 rel. (b) Specific Relief Act (I of 1877)--- ----S.12---Specific performance of contract---Recovery of money--Plaintiff claimed that in compliance of contracts between the parties, plaintiff telecast advertisement spots for defendant's clients but defendant did not make full contractual payments---Validity---Plaintiff's version was supported through evidence while defendant failed to appear to defend the suit filed by plaintiff and to support his counter-claim made by him in his written statement---Effect---When signatory to written statement failed to appear, then even written statement could not be exhibited and there was no rebuttal to plaintiffs version---Written statement/counter-claim filed by defendant could not be considered in his favour and no reliance could be placed on such written statement and presumption would be that the defendant had not pressed the issues---High Court decreed the suit in favour of plaintiff to the extent of the amount claimed along with markup till realization of decretal amount---Suit was decreed accordingly. 1988 CLC 1381; 2008 YLR 464; PLD 2004 SC 633; PLD 2004 SC 415; 2000 SCMR 1391; PLD 1972 SC 25 and PLD 2003 SC 594 ref. JUDGMENT KHALID ALI Z. QAZI, J.---This is a suit for recovery of Rs.5,072,996.74 filed by the plaintiff on 14-12-1999 and summonses were issued to the defendant. Mr. Khalid Latif, Advocate on 17-2-2000 filed Vakalatnama on behalf of the-defendant. On 29-5-2001 written statement and counter-claim by the defendant was filed. Mr. Khalid Latif on 25-2-2000 appeared for the defendant at the time of settlement of issues and since then matter was listed several times but…

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