Case Details

Citation(s)
1981 SLG 3394 = 1981 SLD 3394 = 1981 CLC 1066
Lahore High Court
First Appeal from Original Order No. 180 of 1980, decided on 2nd June, 1980.
Presented By: Muhammad Ilyas, .J
Ch. Azimud-Din for Appellant

GULAB SHAH-Appellant

VERSUS

GHULAM HUSSAIN SHAH-Respondent

Law: Civil Procedure Code (V of 1908)

Section: O. XLI, r. 21, O. 111, r. 4(5), 107

Law: Legal Practitioners and Bar Councils Act, 1965

Section: 22

(a) Civil Procedure Code (V of 1908) O. XLI, r. 21, O. 111, r. 4(5) & S. 107 and Legal Practitioners and Bar Councils Act (III of 1965), S. 22-Memo. of appearance-Con tention that counsel appearing on behalf of duly appointed counsel having appeared in Court without authority to enter appearance, Court not absolved of its responsibility to serve appellant with notice of transfer of appeal-Further contention being that such counsel could not appear without filing memo. of appearance as required by S. 22, hence his appearance no appearance in eye of law-Contentions, held, had no force.-[Counsel and client]. (b) Civil Procedure Code (V of 1908)  O. III, r. 4 (5) and Legal Practitioners and Bar Councils Act (III of 1965), S. 22- Vices of statutes-Act does not lay down procedure to be followed by Courts in deciding suits and appeals-Such pro cedure set out in C. P. C.-Provisions of Act cannot override provisions…
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