JUBILEE LIFE INSURANCE COMPANY (PVT) LTD vs ARSHAD KHAN O — 2026 CLD 577 PESHAWAR-HIGH-COURT

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JUBILEE LIFE INSURANCE COMPANY (PVT) LTD VS ARSHAD KHAN O.III, R.1, O.VI, Rr.14, 15 & O.XLI, R.1---Memorandum of appeal, signing and authorization of---Filing of appeal through unauthorized signatory---Nature and effect---Whether such defect fatal or curable---Board resolution and Articles of Association---Production at appellate stage---Permissibility---Irregularity in signing and verification of appeal, rectification of---Power of court to allow rectification at any stage of the proceedings---Scope---Briefly, present appeal arose from an order passed by the Insurance Tribunal, however, the memorandum of appeal was signed by an advocate who was not shown to be duly authorized through a specific board resolution or instrument, while the company's authorized officer had only verified the contents by affidavit---During proceedings, an application was moved to place on record the relevant board resolution and Articles of Association and to permit filing of an amended memorandum of appeal through an authorized person, which was opposed on the ground that additional documents could not be introduced at the appellate stage---The pivotal issue before the High Court was “whether the defect in signing and authorization of the memorandum of appeal was a fatal irregularity or a curable procedural defect that could be rectified at any stage without affecting the merits or jurisdiction of the Court?”---Held: Memorandum of appeal or a revision petition should be signed by appellant and a duly appointed pleader as per R.1 of O.XLI, C.P.C. and same could be presented by the appellant or pleader as per R.1 of O.III, C.P.C.---Rules 14 & 15 of O.VI as well as R.1 of O.XXIX C.P.C. as to signing and verification of pleadings like plaint and written statement, was not applicable to memorandum of appeals and revision petition---Any defect or omission in signing, verifying or presenting a pleading or memorandum of appeal or revision would not affect merits of the case or jurisdiction of a Court and should therefore be taken as a curable irregularity of proceedings---Regarding legal proceedings on behalf of a corporation, any defect in the authority of a person to sign or verify the pleadings in a suit (by or against Corporation) or in instituting or defending such a suit (by presenting appropriate pleadings) or in signing or filing of memorandum of appeal or revision petition by a corporation, could also be cured at any stage of proceeding---Mere technicality unless offering an unsurmountable hurdle, could not be allowed to defeat the ends of justice and that the trivial issue of non-signing of written statement could have been allowed to be remedied by allowing the party to sign the written statement---Documents annexed with application were allowed to be placed on file and appellants were allowed to file an amended memorandum of appeal---For compensating the other party cost of Rs.100,000/- (one hundred thousand) were imposed on the appellant---Present application was allowed, in circumstances.

JUBILEE LIFE INSURANCE COMPANY (PVT) LTD vs ARSHAD KHAN O — 2026 CLD 577 PESHAWAR-HIGH-COURT

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