Law:

Section:

(a) Civil Procedure Code (V of 1908)---- ----Ss. 2 (15), & O. III, R. 4----High Court (Lahore) Rules & Orders, Vol.V, Ch. 6-B, Part B---Appointment of pleader---Requirement---Power and duties of advocate---Advocates not duly authorized---Effect---Revision petition was filed and petitioners were represented by advocate without authorization---Maintainability---Advocate filed present petition with an undertaking of filing power to represent petitioners, which they never filed---Validity---Present petition was filed by advocate with clear undertaking of filing instrument of authorization to represent petitioners before court, but he failed to place on record written instrument to that effect, which could entitle him to represent petitioners before court and to file petition with his own signatures---Advocate who made his appearance was not duly authorized to represent petitioners before court and his presence was therefore of no legal effect---Petitioners, in circumstances, were not present before the court---No pleader or advocate could act in court of law unless duly appointed by an instrument in writing---Present petition having been filed by an incompetent person was not maintainable---Petition was dismissed in circumstance. (b) Civil Procedure Code (V of 1908)--- ----O. III, R. 4---Scope---Appointment of pleader---Procedure and requirement---Order III, R. 4, CPC is elaborate enough to deal with all possible situations but basic requirement of appointment of pleader shall always be the same---Appointment of pleader shall be in writing and duly signed by person who appoints the pleader and this instrument must be before the court---No pleader or advocate can act in court of law unless duly appointed by an instrument in writing. (c) Civil Procedure Code (V of 1908)--- ----S. 2(15)---"Pleader"---Meaning---Representation through pleader---Legality---Pleader means any person entitled to appear and plead for another in court, and includes advocate, Vakil and attorney---Person is entitled to be represented before court through pleader instead of making his personal appearance. JUDGMENT MRS. SYEDA TAHIRA SAFDAR, J.--- This petition was filed by three ladies…

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