| Citation(s) |
|---|
| 2015 SLG 2140 2015 SLD 2140 2015 YLR 1633 |
Peshawar High Court
Civil Revision No. 1377 of 2011, decided on 4th July, 2013
MALIK MANZOOR HUSSAIN, J
Asad Kamal for Appellant. Ashfaq Ahmad for
Respondent
Civil Revision No. 1377 of 2011, decided on 4th July, 2013
MALIK MANZOOR HUSSAIN, J
Asad Kamal for Appellant. Ashfaq Ahmad for
Respondent
NIAZ BADSHAH
VS
M. NOOR HADIM
Law:
Section:
Civil Procedure Code (V of 1908)--- ----O. III, R. 4---Specific Relief Act (I of 1877), S. 42---Suit for declaration---Compromise by pleader---Scope---Plaintiff filed suit which was decreed by the Trial Court but same was modified by the Appellate Court on the statement of counsel for the parties---Validity---Authority given by the plaintiff to his counsel had never been revoked by him either before or at the time of making the statement---Plaintiff had engaged the counsel to represent him in the appeal---Authority given to the counsel by the plaintiff included not only to represent him but also to make any statement including the compromise statement on his behalf---Plaintiff had not raised any objection before the Appellate Court about the statement recorded by his counsel---Element of misrepresentation or fraud alleged by the plaintiff was ruled out, in circumstances---Plaintiff had not denied his signature on the power-of-attorney---Plaintiff had neither initiated any action against the said counsel nor informed the court concerned or approached the said court for setting aside of decree---Presumption of correctness and sanctity was attached to judicial proceedings---Revision was dismissed. Mobile Eye Service of Pakistan v. Director Social Welfare PLD 1992 Kar. 183; Messrs Azhar Asia Shipping Agency v. Ghaffar Corporation PLD 1996 SC 213; Khuram ljaz v. District and Sessions Judge, Hafizabad 2007 MLD 1945; Dr.Insar Hassan Rizvi v. Syed Mazahir Hussain Zaidi and 3 others 1971 SCMR 634; Sourendra Nath Mitra and others v. Tarubala Dasi AIR 1930 PC 158 and Muhammad Ramzan v. Lahore Development Authority 2002 SCMR 1336 rel. JUDGMENT MALIK MANZOOR HUSSAIN, J.---Through instant Revision Petition, petitioner assails the judgment and decree dated 18-7-2012 passed by the learned Appellate Court, whereby the appeal filed by the respondent No.1 was accepted and judgment dated 21-1-2011 of learned Trial Court was modified. 2. Briefly, the facts as per contents of this petition are that the petitioner filed civil suit for declaration and perpetual injunction against respondents Nos.1 and 49 others, in respect of suit property fully described in the heading of the plaint.…
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