Case Details

Citation(s)
2026 SLG 283 2026 SLD 283 = 2026 PLD 22
Federal Constitution Court of Pakistan
C.P.L.As. Nos. 962 to 964 of 2023, decided on 2nd December, 2025.
Presented By: Present: Aamer Farooq and Rozi Khan Barrech, JJ
Nemo for Petitioner. Nemo for
Respondents.

RIAZ HUSSAIN through Legal Representatives ---Petitioner

VERSUS

CHAIRMAN, FEDERAL LAND COMMISSION and others---Respondents

Law: Constitution of Pakistan, 1973

Section: 189,185(3)

Law: Civil Procedure Code (V of 1908)

Section: 11,12(2),III,4

Law: Legal Practitioners and Bar Councils Act, 1973

Section: XXXV,22

(a)    Constitution of Pakistan--- ----Art. 189 [as amended by the Constitution (Twenty-Seventh Amendment) Act, 2025]---Judgment of Federal Constitutional Court---Binding effect---Principle--Any decision rendered by Supreme Court, under Article 189 of the Constitution [as amended by the Constitution (Twenty-Seventh Amendment) Act, 2025, which resolves a question of law or enunciates a principle of law, is binding upon all other Courts within Pakistan, with the exception of the Federal Constitutional Court of Pakistan---Such exception arises from the Constitution (Twenty-Seventh Amendment) Act, 2025, which establishes that decisions issued by Federal Constitutional Court are binding on all Courts in Pakistan, including Supreme Court itself---All Courts in Pakistan are Constitutionally mandated to adhere to the judgments of the Federal Constitutional Court. (b)    Civil Procedure Code (V of 1908)--- ----S. 11---Res judicata, principle of---Object, purpose and scope---Principle of res judicata, which is fundamental to rule of law, dictates that once a matter has been conclusively adjudicated by a competent Court, it should not be reopened or relitigated---This principle is essential for maintaining integrity of judicial decisions and ensuring public confidence in the legal system. (c)    Legal Practitioners and Bar Councils Act (XXXV of 1973)--- ----S. 22---Civil Procedure Code (V of 1908), O. III, R. 4---Counsel and client--Wakalatnama---Scope---No statutory law explicitly defines Wakalatnama , however, in light of the provisions of Order III, Rule 4, C.P.C., in conjunction with Section 22(3) of Legal Practitioners and Bar Councils Act, 1973, it can be reasonably concluded that a Wakalatnama is a written document signed by a person or by their recognized agent, or by another person duly authorized by them, appointing an advocate to appear or act on their behalf in any Court---Appointment of an advocate through Wakalatnama grants that advocate an authority to represent and act for the appointing party in any Court. (d)    Constitution of Pakistan--- ----Art. 185(3)---Civil Procedure Code (V of 1908), S.…
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