| Citation(s) |
|---|
| 1998 SLG 1431 1998 SLD 1431 1998 CLC 1390 |
Sindh High Court
Execution No.45 of 1997 and Civil Miscellaneous Nos.2133 and 2335 of 1997, decision dated: 12-01-1998, hearing DATE : 15-12-1997
S. AHMAD SARWANA, J
Syed Sharif-ud-Din Pirzada for the Decree-Holder. Syed Tasawar Hussain Rizvi for the Judgment-Debtor
Execution No.45 of 1997 and Civil Miscellaneous Nos.2133 and 2335 of 1997, decision dated: 12-01-1998, hearing DATE : 15-12-1997
S. AHMAD SARWANA, J
Syed Sharif-ud-Din Pirzada for the Decree-Holder. Syed Tasawar Hussain Rizvi for the Judgment-Debtor
HASEEB EXPRESS (PVT.) LTD.--Plaintiff/--Decree Holder
VS
AZERBAIJAN HAVA YOLLARI STATE CONCERN AZERBAIJAN AIR LINES--Defendant/JudgmentDebtor
Law:
Section:
Civil Procedure Code (V of 1908)-------O.III, R.4, O. XXIII, R.3 & S.151---Contract Act (IX of 1872), S. 188--Termination of plaintiff's agency---Plaintiff's suit to restrain defendant from terminating general sales agreement executed between plaintiff and defendant was decreed on consenting statement of counsel for defendant---Defendant challenging authority of counsel to give consenting statement---Effect---Counsel would have authority to take all action necessary for proper conduct of his client's cause which would include withdrawal of interlocutory applications and even suit---Counsel also had implied authority of his client to enter into compromise and settle disputes unless such authority had been expressly excluded in Vakalatnama---Wording of Vakalatnama given by defendant to his counsel did not expressly limit their authority---Counsel, apparently, had agreed to consent order in order to save defendant from possible adverse order--Counsel were conscious of principle of law of agency that agent had authority to do every lawful act which was necessary in the interest of client---Counsel, thus, did not exceed their authority but acted in the best interest of their client under prevailing circumstances. 1987 CLC 1208; 1987 CLC 813; PLD 1984 SC (AJ&K) 13; PLD 1985 Lah. 229; PLD 1987 SC 107; 1981 SCMR 1081; AIR 1949 Cal. 63 and AIR 1935 All. 480 ref. ORDER This is an application under section 151, C.P.C. (Civil Miscellaneous Application No.2335 of 1997) filed by the Judgment-Debtor (J.D.) requesting the Court to recall its Order, dated 10-11-1997 which had been passed on the statement made by their Counsels without consulting/approval of their client. The facts relating to the application are as follows:--- M/s. Haseeb Express (Pvt.) Limited, Plaintiff/Decree Holder (D.H.) filed a suit against Azerbaijan Hava Yollari, Defendant/Judgment Debtor (J.D.) inter alia, to restrain them from terminating their General Sales Agreement and appointing any other agent in Pakistan. It transpires that during the course of the proceedings the Court appointed the Official Assignee as a Commissioner and Receiver of the business of the J.D. to carry on their business…
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