ROOHUL AMIN vs TELENOR PAKISTAN (PVT — 2021 MLD 592 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 MLD 592 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: MLD
Parties: ROOHUL AMIN vs TELENOR PAKISTAN (PVT
Subject matter: Criminal
Provisions referred to: S. 54---S; Civil Procedure Code

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ROOHUL AMIN VS TELENOR PAKISTAN (PVT.) LIMITED COMPANY O.XXIX, R.1 & O.VII, R.11---Specific Relief act (I of 1877), S.54---Suit for permanent injunction---application for rejection of written-statement, dismissal of---Subscription and verification of pleadings in suits by or against the corporation---authorized attorney---Scope---Plaintiff filed an application for rejection of the written-statement of the defendant (cellular company), however, both the Courts below dismissed the said application---Petitioner/plaintiff contended that written-statement of the defendant (cellular company) was not filed by the authorized attorney---Held, that O.XXIX, R.1 of Civil Procedure Code, 1908, stipulated that in suits by or against the corporation, pleadings was to be signed and verified, on behalf of the corporation, by the Secretary or by any Director or other Principal Officer of the corporation who was able to depose to the facts of the case---Plaint filed by the petitioner revealed that the petitioner himself had sued the respondent (cellular company) through its executive legal, while rest of the respondents (tower workers union etc.) had been sued in their personal capacity--- Well authorized attorney had filed written-statement on behalf of the respondent (cellular company), who was well conversant with the facts of the case---Said attorney signed and verified the written statement; he was duly authorized by the authorized person, nominated by Board of Directors vide its resolution---No illegality or infirmity was found in the concurrent findings of the two Courts below---Constitutional petition was dismissed, in circumstances.

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