Law:

Section:

(a) Civil Procedure Code (V of 1908)-------0. III, R. 1, OXXIII, R, 1 & S. 151---Contract Act (IX of 1872), S. 203--­Withdrawal of suit by person holding power of attorney on behalf of plaintiff without consent of plaintiff---Power of attorney on basis of which suit was withdrawn did not vest such attorney with power to withdraw suit---Plaintiff's attorney had withdrawn suit on behalf of plaintiff when his power of attorney had been revoked through another power of attorney executed in favour of another person---Person holding earlier power of attorney had withdrawn suit when same was not fixed for hearing---Attorney had no competence to withdraw suit for lack of such powers having been vested in him and for the reason that plaintiff had executed new power of attorney in favour of another person whereby his authority was revoked---Attorney's connivance with opposite-party was apparent from the record---Word "Razinama" as used in power of attorney did not mean withdrawal of suit---Plaintiff's application moved under inherent powers before same Court which had passed decree was correctly made and on his refusal to allow such application appeal was correctly filed and decreed---High Court has ample powers to correct any patent illegality, committed by any Court subordinate to it---Order passed by Trial Court refusing to set aside order of withdrawal of suit being illegal would attract such powers of High Court---Order of First Appellate Court setting aside Trial Court's order was maintained in circumstances.---[Words and phrases]. Ghazanfar Hussain v. Rehmat Bibi 1989 CLC 310; Malik Riaz Ahmed v. Mian Inayatullah and others 1992 SCMR 1488; Chunchun Jha v. Ebadat Ali AIR 1954 SC 345; Fida Mahmood v. Pir Muhammad and others PLD 1985 SC 341; 1982 CLC 547; Evacuee Trust Property Board v. Sh. Hameed Elahi PLD 1981 SC 108 and Pakistan through General Manager v. Agro Marketing Corporation 1981 CLC 443 ref. (b) Civil Procedure Code (V of 1908)--- ----O.III, R. 2---Power of attorney-`--Mode of construction stated.---[Power of attorney]. Power of attorney is to be construed strictly. It gives only such authority as it confers expressly or by necessary implication and it…

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