Syed BAQAR HUSSAIN JAFRI vs NATIONAL BANK OF PAKISTAN — 1970 SCMR 373

Citation: 1970 SCMR 373

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: Syed BAQAR HUSSAIN JAFRI vs NATIONAL BANK OF PAKISTAN

Headnotes

Case cited as 1970 SCMR 373

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sajjad Ahmad Jan Title: Syed BAQAR HUSSAIN JAFRI vs NATIONAL BANK OF PAKISTAN Case No.:Civil Petition for Special Leave to Appeal No. 294 of 1969 Civil Revision No. JUDGMENT Reported As: 1970 SCMR 373 Result: Petition dismissed Judgment JUDGMENT SAJJAD AHMAD, J.-This petition for special leave to appeal arises out of a decision on a preliminary issue in a suit for recovery of Rs. 63,174.46 brought by the respondent-Bank against the petitioner. The preliminary issue raised was that Mr. Muhammad Kidwai, Superintendent, Peoples Credit Department, National Bank of Pakistan, who filed the suit on behalf of the Bank, was not legally authorized to do so. The issue was decided in the respondent's favour by the trial Court (Civil Judge, First Class, Lahore) and a revision petition brought against that order in the High Court has been dismissed by the learned Chief Justice. The basis of Mr. Kidwai's authority to file the suit was a resolution passed by the Central Board of the National Bank dated the 4th of April 1963, which authorized the local board to execute the power-of-attorney in favour of Mr. Kidwai to file the suit in question. Thereafter, the power-of- attorney was duly executed on the 20th of September 1963, by two members and the Secretary of the Local Board, Lahore, after a resolution was adopted by the Local Board, Lahore, in this behalf, in compliance with the resolution of the Central Board. Under…

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