2278/2018 Const. P. Syed Muhammad Asif (Petitioner) V/S Muhammad Ayub and Ors (Respondent)
Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui, Hon'ble Mr. Justice Jawad Akbar Sarwana(Author)
Order Date: 27-NOV-23
The syntax concerning the slash (/) sign repeatedly used in the General Power of Attorney has, context and deeper meaning, is a tool of interpretation and provides a signpost to the person relying on it to plead his rights. Therefore, there is merit in spending some time with the slash (/) sign to decide this Petition. The Orders of the trial court and the District Court, both forums have not given importance to the slash ( / ) sign appearing in the General Power of Attorney.???. The use of slash (/) meant that the word ???case??? and ???property??? should be read interchangeably. As discussed hereinabove as ???case and/or property???. This meant that all the powers set out in the General Power of Attorney related to both the Suit and the Subject Property. A restrictive meaning could not be read into the General Power of Attorney. A power of attorney, which is related to the accretion of the right to the properties and assets of the principal, has to be interpreted liberally and not in a restrictive and stringent manner. Petition allowed. Application under Section 12(2) remanded to the trial court.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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