Law: Civil Procedure Code (V of 1908)

Section: S.2(15),151,O.III,R.1

Law: Succession Act, 1925

Section: 278

Law: Constitution of Pakistan, 1973

Section: 199

Civil Procedure Code (V of 1908)--- ----O. III, R.1 & S.2(15)---Advocate, pleader and attorney---Scope---One could not legally enjoy dual status of an advocate and attorney at the same time---Pleader would be entitled to appear for another and not for himself---Advocate could not file an affidavit in support of an interlocutory application or otherwise give evidence. Faridullah Khan v. Masood Asghar Mian 2017 CLC 1736 rel. THIS JUDGMENT DELIVERED BY: AZIZ-UR-REHMAN, J.--- Through this Constitution Petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, filed on 23.12.2017, by Mst. Khadija widow of Muhammad Amin Andha through Mrs. Meluunnisa wife of Mukraam Mafooz, who is claiming to be duly constituted Attorney [See Annexure 'E' at page 33 to MoP] and Sub-attorney [See page 83 of the Court file] of said Mst. Khadija wife of Muhammad Ameen, feeling 'aggrieved' and 'dis-satisfied' with 'impugned order' dated 18:12.2017* [Annexure 'B' to the Memo of Petition - In short MoP]: is seeking setting aside of the 'impugned order' dated 18.12.2017, with the following prayer: - "It is therefore prayed that this Hon'ble Court may be pleased lo call for R&P of SMA 393 of 2017 and grant the above CP and set aside the order dated 18-12-2017 directing the VIII ADJ East to accept the surety through attorney by filing the original documents of the property and any other order which is suitable under the circumstances." [Underlining is ours] . 2. The brief facts leading to the filing of the instant Petition are that the Petitioner viz. Mst. Khadija widow of Muhammad Amin [Late], who as asserted, at the time of filing of the Succession Misc. Application under Section 278 of the Succession Act, 1925, bearing SMA No.393 of 2017, was resident of Flat No.25, Jeetpur Plaza, Ameer Khusro Road Karachi. On the death of her husband viz. Muhammad Amin son of Haroon Andha in America [USA] on 14.01.2015, she herself filed Succession Misc. Application No.393 of 2017 under Section 278 of Succession Act, 1925, for grant of the 'Letter of Administration' in favour of the Petitioner in the Court of learned District Judge at Karachi, East on the basis of an…

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