85/2014 II.A. M/s. Pakistan Reinsurance Company (Appellant) V/S Trustees of the Potr of Karachi (KPT) (Respondent)
Bench: Hon'ble Mr. Justice Nazar Akbar(Author)
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.