KHYAM FILMS AND ANOTHER vs BANK OF BAHAWALPUR LTD. — 1982 CLC 1275

Citation: 1982 CLC 1275

Court: Lahore High Court

Year: 1966

Decision Date: 1966-02-23

Parties: KHYAM FILMS AND ANOTHER vs BANK OF BAHAWALPUR LTD.

Headnotes

Case cited as 1982 CLC 1275

Judgment Text

Court Name: Lahore High Court Judge(s): A. S. Farooqi Title: KHYAM FILMS AND ANOTHER vs BANK OF BAHAWALPUR LTD. Case No.: Civil Revision No, 42 of 1966 Date of Judgment:1966-02-23 Reported As: 1982 CLC 1275 Result: Petition summarily dismissed Judgment ORDER ' This is a revision under section 115, C. P. C. Challenging the order of the Civil Judge III Class, Lahore ; who dismissed the preliminary objection taken by the defendants to the maintainability of the suit. The short point urged before me by the learned counsel is that even though there was a power of attorney produced in the case it bad not been proved that those who executed the power of attorney had the power to do so under the Articles of the Company and the Memorandum of Association. The power of attorney according to the learned counsel must have been signed by some of the directors. Well if that is so I am unable to see how the objection as to the validity of the power of attorney can be sustained. It is, however, suggested that in the Articles of Association of some companies it is only by the resolution of the Board that such a power to institute suits can be given. I have really never seen any force in those objections .Which are frequently taken in such suits by banks in this part of the country. In my opinion the fact that the person did or did not have authority can effectively be challenged only by the principal. If in spite of the objections taken the principal continues to recognise the authority of…

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