Law: Civil Procedure Code (V of 1908)

Section: 12(2),O.III,R.2

Law: Specific Relief Act, 1877

Section: 12

Civil Procedure Code (V of 1908) --- ----S. 12(2) & O. III, R. 2---Specific Relief Act (I of 1877), S. 12---Suit for specific performance of contract---Compromise by counsel on behalf of client---Power-of-attorney---Scope---Application for setting aside of compromise decree---Allegation of fraud and defeating the rights of client by counsel---Contention of applicant-defendant was that his counsel was not authorized to enter into compromise with the respondent-plaintiff---Application for setting aside decree was accepted by the Trial Court---Validity---Trial Court did not decree the suit rather directed the parties to appear before the Sub-Registrar for registration of deed with regard to suit property---Impugned order was in no way helpful to the plaintiff as same was not executable in the eye of law---Plaintiff had not produced the counsel to prove the contents of power-of-attorney---Defendant had authorized his counsel only to receive amount on his behalf deposited in his account---Counsel had not been authorized to receive amount from the plaintiff unless same was deposited in the account of defendant---No authority had been conferred on the counsel to settle the dispute in the shape of compromise---Power of attorney should be construed strictly and power/authority which had not been specifically given to any attorney or omitted to flow from contents of document should not be deemed to have been conferred on the said attorney---General terms occurring in such document should be interpreted with reference to the object for which such power of attorney was executed---Statement made by the counsel for compromise was nothing but a deviation from the authority conferred upon him by the defendant---Attorney committed fraud with the court as well as with his client to defeat his rights---No misreading or non-reading had been pointed out by the plaintiff---Revision was dismissed in circumstances. PLD 1987 Lah. 392; 1987 CLC 813; PLD 1969 Kar. 123; 1995 CLC 1572; 1992 SCMR 1488; PLD 1985 SC 341 and 1991 CLC 67 rel. ORDER CH. MUHAMMAD MASOOD JAHANGIR, J.---The petitioner/plaintiff had filed a suit for declaration as well as specific performance of contract dated…

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