| Citation(s) |
|---|
| 2016 SLG 3606 2016 SLD 3606 2016 CLC 1916 |
Peshawar High Court, Abbottabad Bench
ABDUL LATIF KHAN, JUSTICE
Qazi Ghulam Rauf for Petitioner. Qazi Obaidur Rehman for
Respondents.
ABDUL LATIF KHAN, JUSTICE
Qazi Ghulam Rauf for Petitioner. Qazi Obaidur Rehman for
Respondents.
GOVERNMENT OF KHYBER PAKHTUNKHWA AND othersS
VS
ASIF ALI AND others-
Law:
Section:
(a) Counsel and client--- --------Private counsel engaged by Government---Permissibility---Private counsel on authorization to act on behalf of Government---Recognized agent could appear and conduct case on behalf of Government---Government could authorize a person to act for, in suits by or against it---Advocate General though was an authorized agent of Government, however in peculiar circumstances, if private counsel was engaged, may appear and conduct cases on behalf of Government who was entitled to get assistance of counsel of its choice unless disallowed by law. (b) Civil Procedure Code (V of 1908)--- --------S. 115---Revision---Scope---Only the satisfaction of revisional court regarding proper exercise of jurisdiction or exercise of jurisdiction illegally or with material irregularity by subordinate court wherein interference in revision could be made---Such was matter between revisional court and subordinate court and even if there was no petition on behalf of party, suo motu interference could be made when subordinate court had exercised jurisdiction not vested in it, or failed to exercise jurisdiction vested in it, or acted in exercise of jurisdiction illegally or with material irregularity---Court had supervisory powers to check illegality and irregularity and to see as to whether jurisdiction was exercised properly or otherwise. THIS JUDGMENT DELIVERED BY: ABDUL LATIF KHAN, JUSTICE:------------------ This revision petition has been preferred against the judgment and decree dated 17.04.2012, passed by learned Additional District Judge-VII, Abbottabad whereby appeal of petitioner against the judgment and decree dated 12-10-2011, passed by learned trial Court was accepted and judgment and decree of learned trial Court was set aside. 2. A perusal of record reveals that plaintiffs/respondents filed a suit for declaration to the effect that they are lessees in possession of the property described as Raees Khana building Nathiagali, measuring 4.25 kanals having a covered area of 7,999 sq. fts. for a period of 30 years vide lease agreement deed dated 17.11.2002 executed between the plaintiffs and the defendants/Administration Department Peshawar and that…
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