NAEEM HUSSAIN vs RAFIQUE AHMAD Ss — 2023 CLC 854 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLC 854 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLC
Parties: NAEEM HUSSAIN vs RAFIQUE AHMAD Ss
Subject matter: Civil
Provisions referred to: Contract Act

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

NAEEM HUSSAIN VS RAFIQUE AHMAD Ss. 196, 197 & 199---Power of attorney---Authority express or implied---Ratification of acts not expressed---Scope---Power of attorney had to be construed strictly as giving only such authority as was conferred expressly or by necessary implication---Power of attorney would only give that power which was specifically mentioned therein and would operate prospectively and not retrospectively---Provisions of Ss. 196, 197 and 199 of the Contract Act, 1872, were an exception to said general rule wherein the principal had been given an option to ratify an act not expressly conferred on the agent and such ratification might be either express or implied---Incidental action of such attorney/agent was binding on the principal only when he would accept, acknowledge or undertake by ratifying the same---Ratification could either be expressed or implied and such (incidental) acts of the agents were ratified by the principal, same would be validated for all legal purposes and would bind the principal and would have the same effect as done/performed by the principal himself---Principal may elect to ratify or to disown such (incidental) acts---Unless the principal gave notice of his dissent to the unauthorized act of the agent within a reasonable time, it would raise the presumption of ratification---When despite having objections relating to the authority of an attorney, the principal continued to recognize the authority of the agent to institute the suit, the same would amount to ratification and the suit would still be a validly instituted suit---Defect in the authority of an agent was a mere irregularity which could be cured.

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