SDO, PESCO DAUDZAI SUB-DIVISION RING ROAD, PESHAWAR vs WADAN SHER O — 2023 SCMR 236 SUPREME-COURT

Case information

Citation: 2023 SCMR 236 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: SDO, PESCO DAUDZAI SUB-DIVISION RING ROAD, PESHAWAR vs WADAN SHER O

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

SDO, PESCO DAUDZAI SUB-DIVISION RING ROAD, PESHAWAR VS WADAN SHER O. XXIX, R. 1---Government owned public limited company [Peshawar Electric Supply Company (PESCO)]---Officials of the company (PESCO) sued in their personal capacity---Board resolution of company not required by officials for filing a civil revision before the High Court---Petitioner were sued in their personal capacity and were not representing PESCO---Plaint of the plaintiff nowhere mentioned that PESCO in its capacity as a public limited company was sued---Plaintiff consciously chose to nominate the petitioners as defendants in the suit, in their respective personal capacities---Written statement filed by the petitioners before the trial Court showed that the same had been filed for themselves and not on behalf of the PESCO---Petitioners had nowhere taken any stance on behalf of PESCO or defended it, rather, the petitioners had defended themselves in their individual capacities---As such, they were not required to produce a Board Resolution when defending themselves in their personal capacity---Petition for leave to appeal was converted into appeal and allowed and impugned judgment of High Court was set aside.

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