IKRAMULLAH KHAN, J. Through the instant writ petition, petitioner has challenged the validity and legality of impugned judgments dated 21.10.2017 and 22.10.2018 rendered by learned Civil Judge, Mardan and learned Additional District Judge, Mardan respectively, whereby the former dismissed the application of petitioner for dismissal of the suit while the latter dismissed the revision petition filed by petitioner against the impugned judgment dated 21.10.2017.
2. In essence, petitioner instituted a suit against the respondents for permanent injunctions before the learned trial Court, in order to restrain/restrict the respondents therefrom cancellation/revocation of an agreement and dismantling the mobile phone tower constructed in the property of petitioner with ancillary relief of non-termination of services of one Muhib Ullah.
Respondents were summoned by learned trial Court, who on appearance submitted their written statement with permission and direction of the learned trial Court. Petitioner thereafter filed an application for rejection of the written statement under Order VII, Rule 11, Civil Procedure Code, 1908, in term of section 159 of the Company Ordinance. Respondents replied thereto the application filed by petitioner and the learned trial Court after hearing both the parties dismissed the application vide its judgment dated 21.10.2017. Petitioner being aggrieved and dissatisfied therefrom the impugned judgment of learned trial Court, filed a civil revision petition before the learned District Judge, Mardan, however, the same is dismissed by learned Additional District Judge, Mardan, vide its impugned judgment dated 22.10.2018, hence the instant petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973.
3. I have heard learned counsel for petitioner and have gone through the facts on available record and law on the subject.
4. The provisions contained in Rule I of Order XXIX, C.P.C. direct that: "Rule 1 Order XXIX of Code of Civil Procedure 1908 "Subscription and verification of pleading".---In suits by or against a corporation, any pleading may be signed and verified on behalf of the corporation by the secretary or by any director' or other principal officer of the corporation who is able to depose to the facts of the case."
5. The bare perusal of the plaint filed by petitioner reveals that petitioner himself had sued the respondent No.1, the Telenor Pakistan a Private Limited Company through its executive legal, while rest of respondents herein had been sued in their personal capacity. The written statement is filed by a well authorized attorney on behalf of the respondent No.1, who is well conversant with facts of the case. The written statement apparently singed, verified by one Mr. Yousaf Zaman, duly authorized by Mr. Irfan Wahab, the authorized person, nominated by the Board of Director vide resolution of the Board dated 21.06.2010.
6. No any illegality or irregularity, is found out by learned counsel for the petitioner in the concurrent finding of learned Courts below. Therefore, this writ petition, being devoid of merit is dismissed accordingly.