Law: Civil Procedure Code (V of 1908)

Section: 4 , 50

Civil Procedure Code (V of 1908)--- ----0.111, R. 4----Sindh Chief Court Rules (O.S.), R. 50---Pakistan Legal Practitioners and Bar Councils Rules, 1976, R. 139---Application filed by Advocate seeking permission for discharge of his Vakalatnama-- Vakalatnama/power/memo. of appearance of Advocate was deemed to exist on record until it was terminated with leave of Court---Advocate seeking discharge of his Vakalatnama must comply with requirements of R.50, Sindh Chief Court Rules (O. S.)---Even in cases where papers were taken away by client,. it was duty of Advocate to appear on date of hearing till such time he withdraws his power or same was cancelled by his client---Client and counsel relationship was most legitimate and sacred relationship based on concept of mutual trust---Such relationship being complex and complicated depended upon background of clients involved in litigation as well as prestige and competence of lawyers processing dispute in question and was also based on implied contract---In several kinds of situations client and counsel would be entitled to part ways whereby client might revoke authority of Advocate or Advocate -would be entitled to seek discharge of his Vakalatnama---Rule 139, Pakistan Legal Practitioners and Bar Council Rules, 1976, would entitle Advocate to decline association with another Advocate as colleague unless dues of such Advocate were fully paid---Such principle would be fully attracted where client had engaged only one Advocate and whose professional charges, as agreed, had not been paid---Advocate, however, was not entitled to return case file, prior to seeking discharge of his Vakalatnama from Court---Application of Advocate for discharge of his Vakalatnama being based on valid grounds (non-payment of professional charges settled between parties) was accepted in circumstances.- [Counsel and client]. Pakistan through General Manager, Pakistan Railways v. Messrs Q.M.R. Expert Consultants PLD 1990 SC 800; Messrs Aziz Flour Mills and 2 others v. The Industrial Development Bank of Pakistan 1990 CLC 1473; Kamal Din and others v. Nazir Ahmad 1987 CLC 1208; Abdul Latif v. Jamal Din 1979 SCMR 183; Mst. Qamar Sultana alias…