85/2014 II.A. M/s. Pakistan Reinsurance Company (Appellant) V/S Trustees of the Potr of Karachi (KPT) (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar(Author)
Order Date: 22-NOV-18
Civil Procedure Code (V of 1908)--- ----O. XXIX, R. 1---Suit for declaration on behalf of company---Recording of evidence---Procedure-Suit was dismissed on the ground that the person who appeared in the witness box for evidence on behalf of company was not an authorized person---Validity---Defendant in written statement had not challenged the maintainability of the suit for want of mandatory requirement of O. XXIX, R. 1, C.P.C.---Even issue for maintainability of suit was not framed by the courts below---Plaintiff-company was not required to hold a meeting of Board of Directors to decide by a Resolution as to who and how many would be witnesses in a particular suit to appear on behalf of the company---Courts below had erred in law while passing the impugned judgments and decrees---Matter was remanded to the Trial Court with the direction to decide the same afresh on merit on the basis of evidence available on record---Second appeal was allowed, in circumstances.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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