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

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NAEEM HUSSAIN VS RAFIQUE AHMAD Ss. 196, 197 & 199---Power of attorney---Authority express or implied---Ratification of acts not expressed---Scope---Suit for possession and perpetual injunction filed by special attorney on behalf of petitioners/principals was decreed by Trial Court---Appeal of respondents was allowed mainly on ground that special attorney had no authority on behalf of plaintiff to institute the suit; that he was not recognized agent of plaintiff that after framing of issues one plaintiff had not attended the Court nor produced any person having authority on his behalf to prove contents of plaint and also failed to appear in witness box---Validity---After institution of suit, respondents filed application for rejection of plaint contending that plaint did not disclose cause of action which was dismissed---Right of respondents to produce documentary evidence was closed due to their continuous absence and they were proceeded ex-parte and Trial Court also decreed the suit ex-parte---Respondents challenged the decree and also moved application for setting aside ex-parte proceedings/decree---Appellate Court allowed appeal and granted the right of hearing to respondents---Respondents moved application for amendment of written statement and sought to introduce new plea to the effect that plaintiff did not give any authority to the special attorney to institute the fresh suit and that he was given authority only to the extent of pending suits which was dismissed by Trial Court---Such objection had not been raised by respondents in their earlier written statement---Respondents had not agitated that plaintiff did not give any power of attorney to said special attorney, so no specific issue was framed in that regard---Said attorney appeared as witness and produced/exhibited special power of attorney which was brought on record without any objection from respondents---Special power of attorney showed that by giving authority to his agent with regard to pending suits, plaintiff also empowered him to initiate any legal proceedings---Plaintiff never objected to the action taken by his special attorney---Such a long silence of plaintiff for such a considerable time amounted to ratification of the acts which had been taken by his agent---Revision petition was allowed accordingly.

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

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