Law: Sindh Civil Court Rules,

Section: R - 44

Sindh Civil Court Rules---

----R. 44---Sindh Local Government Act (XLII of 2013), S. 126---Legal Advisors and Government Pleaders---Memo of appearance, filing of---Non-filing of Vakalatnama---Petitioner/Karachi Metropolitan Corporation was aggrieved of the order passed by Lower Appellate Court returning Memo of Appearance and giving directions to file proper Vakalatnama---Validity---Advocates who appear for a private party file Vakalatnama and, in contrast, Advocates appearing on behalf of Government put in a Memo of Appearance---Such practice of Government Pleader filing Memo of Appearance instead of Vakalatnama is also consistent with the provisions of R. 44 of Sindh Civil Court Rules---Order of petitioner Corporation was in line with the statutory requirements for issuing such orders as laid down in S. 126 of Sindh Local Government Act, 2013---There was no lacuna in the order of petitioner Corporation---Once the Court had assessed that a Memo of Appearance submitted by petitioner Corporation was in line with the provisions of Sindh Local Government Act, 2013, the Court should have accepted the same---High Court directed Lower Appellate Court to accept Memo of Appearance from the empaneled Advocate of petitioner Corporation subject to scrutiny as per law---Constitutional petition was allowed, in circumstances.