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| 2025 SLG 1323 2025 SLD 1323 = 2025 LHC 3200 |
Writ Petition No.41936 of 2019
MUHAMMAD SAJID MEHMOOD SETHI, J.
J U D G M E N T Date of hearing: 08.05.2025. Petitioner by: Mr. Muhammad Ramzan Ch., Advocate.
Respondents by: Ch. Amjad Hussain, Advocate (respondent No.5). Mr. Awais Ahmad Qazi, Additional Advocate General. Mr. Mohammad Osman Khan, Assistant Advocate General on Court’s call.
Abdul Haq
VERSUS
Province of the Punjab through District Revenue Officer / Collector, Gujrat & others
Law: Contract Act (IX of 1872)
Section: 230
Law: West Pakistan Family Courts Act, 1964
Section: 13(3)
Case Summary : Attorney Liability
The petitioner, acting as Special Attorney for his brother (the actual judgment-debtor), challenged coercive recovery actions—including attempts to attach his own property—for a maintenance decree passed against his brother. The Court held that a Special Attorney, unless expressly authorized or personally bound, cannot be held liable for the principal’s decree. The Court allowed the petition, restrained authorities from proceeding against the petitioner, and ordered recovery from the actual judgment-debtor.
Relevant Legal Sections Cited or Applied
Section 230 – Contract Act, 1872
→ Agent not personally liable unless explicitly bound