| Citation(s) |
|---|
| 1961 SLG 1729 1961 SLD 1729 = 1961 PLD 34 |
Supreme Court of Pakistan
Civil Appeal No. 5 of 1960, decided on 16th November 1960
Presented By: A. R. Cornelius, C. J., S. A. Rahman and Fazle Akbar, JJ
Muhammad Shafi Advocate Supreme Court instructed by Muhammad Nazar Khan Attorney for Appellant. Mahmud Ali Senior Advocate Supreme Court (Miss R. S. Qari Advocate Supreme Court, with him) instructed by Siddiq & Co. Attorneys for
Respondent.
Civil Appeal No. 5 of 1960, decided on 16th November 1960
Presented By: A. R. Cornelius, C. J., S. A. Rahman and Fazle Akbar, JJ
Muhammad Shafi Advocate Supreme Court instructed by Muhammad Nazar Khan Attorney for Appellant. Mahmud Ali Senior Advocate Supreme Court (Miss R. S. Qari Advocate Supreme Court, with him) instructed by Siddiq & Co. Attorneys for
Respondent.
FAIZULLAH KHAN-Appellant
VERSUS
Pir MUKAMAL SHAH-Respondent
Law:
Section:
(On appeal from the order of the High Court of West Pakistan, Peshawar Bench, Peshawar, dated the 20th February 1959, in Miscellaneous Petition No. 14 of 1959). Bar Councils Act (XXXVIII of 1926), S. 10 (2)-High Court may make inquiry before it "summarily rejects" complaint. The expression "rejects summarily" cannot have any meaning more precise than of rejection in limine, and there is nothing in the relevant law to require that the High Court should in such cases act merely upon what appears in the complaint, and should not inform itself, by the means within its powers, of the essentials of the matter, in order to decide whether the complaint should be further proceeded with. Special leave to appeal to Supreme Court-Granted to consider whether conduct of Advocate amounted to professional misconduct in circumstances of caseConstitution of Pakistan (1956), Art. 160. Advocate-Professional misconduct-Advocate deliberately omitting to implead party as defendant in order to facilitate obtaining of consent decree by avoiding possibility of such party raising objections based upon a decree already obtained by such party-Conduct disapproved-Advocate's duty as Officer of Court to do nothing consciously by act or omission which might mislead Court-legal Practitioner Act (XVIII of 1879), S. 13-[Maharaj Krishan Bhandari v. The Advocates' Committee P L D 1957 P C 66 considered]. Advocate-Professional misconduct-Advocate representing tenant, and A, a cosharer landlord as pro-forma defendant, in ejectment proceedings, tenant taking plea that he was attorned to A---Later Advocate filing ejectment proceedings on behalf of A against tenant who confessed judgment-Advocate's proceeding though unusual does not amount to professional misconduct-Legal Practitioners Act (XVIII of 1879), S. 13. Decree-Consent decree-Plaintiff not guilty of turpitude or sharp practice in obtaining, for protection of his rights, consent decree against persons prepared to concede his rights-Civil Procedure Code (V of 1908), O. XXIII, r. 3. Date of hearing : 4th November 1960. JUDGMENT CORNELIUS, C. J.-This is an…