2278/2018 Const. P. Syed Muhammad Asif (Petitioner) V/S Muhammad Ayub and Ors (Respondent)
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui, Hon'ble Mr. Justice Jawad Akbar Sarwana(Author)
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.