Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----S. 12(2)---Specific Relief Act (I of 1877), S. 12---Suit for specific performance of agreement---Decree, setting aside of---Conflict/Difference arising between principal and attorney---Effect---Application under S. 12(2), C.P.C. by the special attorney for setting aside of decree---Attorney, without instructions of the principal, sought withdrawal of suit--- Scope--- Attorney moved application for withdrawal of petition filed by him under S.12(2), C.P.C. stating therein that matter had been settled but the same was dismissed---Contentions of principal were that attorney had colluded with the respondents and that he wanted to establish his plea of fraud and misrepresentation--- Validity--- Difference of opinion and conflict of interest had arisen between the principal and attorney---Attorney as an agent had to act on behalf of principal and was not authorized to act beyond the powers vested in him by the principal or against his instructions---Where principal had denied the authority of the attorney to withdraw the application under S. 12(2), C.P.C. rather the principal wanted to pursue the matter himself, authority vested in the attorney would come to an end---Attorney could do all the acts on behalf of principal but power to withdraw from litigation was not on record---Principal himself appeared in the Court before the case was withdrawn and claimed that he would pursue the same and disowned the action of attorney with regard to withdrawal of case---Power of attorney was an unregistered document therefore, there was no need for another written document for its cancellation when principal himself had appeared in the Court---Trial Court had yet to determine as to on what grounds and under what circumstances matter was settled between the parties and whether principal was bound by the said settlement---Alleged settlement could only be determined by the decision of application under S. 12(2), C.P.C. on merits---Trial Court was justified to dismiss the application filed by the attorney on behalf of principal and refuse permission to withdraw the said application---Agent could not be allowed to have different and…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492