JAVED AHMED MIR vs MUHAMMAD AFZAL O — 2022 CLC 668 ISLAMABAD

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JAVED AHMED MIR VS MUHAMMAD AFZAL O.XXX, R.10 & O.VII, R.11---appellant's suit for specific performance and injunctions was rejected by Civil Court under O.VII, R.11, C.P.C., on ground of locus standi---appellant contended that he was the sole proprietor of the purchaser body, that such body was neither a company incorporate nor a partnership firm, hence, authorization in favour of appellant for institution of suit was not needed; that a sole proprietorship could not file a suit and only sole proprietor could file suit; that appellant had submitted an application for the amendment in the plaint so as to implead seller company as a defendant, which application was left undecided by Civil Court---Respondent filed application under O.VI, R.11 of Civil Procedure Code, 1908, along with the written statement, contending that appellant did not bring on record any authorization by the purchaser body in his favour to institute the suit; that seller company had not been impleaded---Validity---Nothing on the record showed that purchaser body was either a company incorporated under the provisions of the Companies Ordinance, 1984 or a partnership firm registered under the provisions of the Partnership act, 1932---Purchaser body had not been described in the agreement to sell as a company or a partnership---appellant asserted that he was sole proprietor of the purchaser body which assertion had not been contested by respondent---Plaint/memo. of parties clearly showed that suit was filed by the sole proprietor (appellant) of the proprietorship concern---any person carrying on business in the name/style other than his own name could be sued in such name/style as if the same were a firm name---Suit had been correctly filed by the appellant---High Court observed that suit of the appellant was not rejected on ground of non-impleading of necessary party/seller under the agreement, and appellant's application for joinder of such party had not been decided by the Civil Court, therefore it would be inappropriate to express High Courts view on the matter---appeal was allowed accordingly.

JAVED AHMED MIR vs MUHAMMAD AFZAL O — 2022 CLC 668 ISLAMABAD

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