Law: Family Courts Act, 1964

Section: 5

Law: Civil Procedure Code (V of 1908)

Section: S.12(2),119,O.III,R.4,4(i)

Family Courts Act (XXXV of 1964)--- ----S.5---Civil Procedure Code (V of 1908), Ss. 12(2), 119 & O.III, R.4(i)---High Court (Lahore) Rules and Orders, Volume-I, Part-A, Chapter 16---Filing of memo. of appearance---Non-filing of Vakalatnama---Effect---Petitioner was husband of respondent who filed suit for recovery of dowry articles and was aggrieved of ex parte passed by Lower Appellate Court in favour of his wife--- Petitioner sought setting aside of on grounds that fake memo of appearance was filed in court on his behalf by respondent---Validity---Memo of appearance only enabled an advocate to plead on behalf of a party for a particular hearing and was yet to be authorized by party to conduct all proceedings---Counsel was prohibited under O.III, R.4(i) C.P.C. from appearance in court without filing Vakalatnama duly signed by party---Such Vakalatnama was deemed to be in force until all proceedings in suit were ended or till such time power of attorney was withdrawn or revoked according to Rules---In case, if lawyer who had filed memo of appearance failed to submit a proper power of attorney on next date fixed, in such case court was to issue fresh notice to party concerned---As no Vakalatnama was submitted on behalf of petitioner therefore, Lower Appellate Court was bound to issue fresh notice inspite of initiating ex parte proceedings---Memo. of appearance which was filed before Lower Appellate Court did not bear name of counsel and it appeared that petition was not properly served and represented before Lower Appellate Court---Findings of Lower Appellate Court were not sustainable in eyes of law and it would be against norms of justice if petitioner was not provided an opportunity to defend appeal filed against him---High Court set aside passed by Lower Appellate Court and remanded matter for decision afresh subject to payment of cost of Rs.100,000/----Petition was allowed in circumstances. Mian Asghar Ali v. Government of Punjab through Secretary (Colonies) BOR, Lahore and others 2017 SCMR 118 rel. THIS JUDGMENT DELIVERED BY: ATIR MAHMOOD, J.---- Brief facts of the case as narrated in this petition are that respondent No.1 filed a suit for recovery of…

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