| Citation(s) |
|---|
| 1999 SLG 1032 1999 SLD 1032 1999 CLC 1653 |
Sindh High Court
Suit No. 138 of 1992, decision dated: 14-12-1998
SHABBIR AHMED, J
Abdur Rauf for Plaintiff. M. Zia Kayani for Defendant No. 1
Suit No. 138 of 1992, decision dated: 14-12-1998
SHABBIR AHMED, J
Abdur Rauf for Plaintiff. M. Zia Kayani for Defendant No. 1
Messrs HASHWAN1HOTELS LIMITED through S.H. Tehsin, Executive Director and Attorney--Plaintiff
VS
Lt.Col. (Retd.) MUHAMMAD SAEED MALIK and another----Defendants
Law:
Section:
Sindh Chief Court Rules (O.S.)-------Rr. 49 & 50---Civil Procedure Code (V of 1908), O.III . R.4(2) --- Counsel and client relationship of---Withdrawal of power of attorney---Client or the counsel, as the case might be, seeking discharge of authority had to comply with the requirement of R.49 (in case of client) and R.50 (in case of counsel) of Sindh Chief Court Rules (O-S.)---Where application moved by client for leave to withdraw the power given to the counsel fulfilled the requirements of R.49 of Sindh Chief Court Rules (O S.) application was granted. Muhammad Hafiz Azmat Shaikh v. National General Insurance Co. Ltd. 1996 CLC 1998 ref. ORDER This order will dispose of the application moved by defendant Lt. Col.(R) Muhammad Saeed Malik, under Order 3, Rule 4(2) of C.P.C. read with Rule 49 (OS) Rules of Sindh Chief Court Rules for leave to withdraw power (Vakalatnama) of Maj. (Rtd.) Abdur Rauf Khan, Advocate (C.M.A. 8538 of 1998), a:, well as application moved by Major (Retd) Abdul Rauf, Advocate under Order III, Rule 4(2), C.P.C. read with section 151, C.P.C. for action against the defendant against Lt.-Col. ((Rtd.) Muhammad Screed Malik under sections 3 and 4 of the Contempt of Court Act and direction for payment of his unpaid legal fee of Rs. 24,500. Under the provisions of sub-rule (2) of rule 4 of Order III; C.P.C. a power of an Advocate is deemed to exist on record unless it is determined with 4 the leave of the Court, the provisions referred to above read as follows:-- "(2) Every such appointment shall be filed in Court and shall be deemed to be in force until determined with the leave of the Court by a written request by the client or the pleader, as the case may be, and filed in Court or until client or the pleader dies, or until all proceedings in the suit ended so far as regards the client." The client or the counsel, as the case may be seeking discharge of authority has to comply with the requirement of Rule 49 (in case of client) and A Rule 50 (in -ass of counsel) of Sindh Chief Court (OS) Rules, which are as follows in terms of Rule 49:----- (i) Notice of his intended application for change to that Advocate or for discharge to client. (ii) an…
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