Law:

Section:

Contract Act (IX of 1872)-------S. 188---Civil Procedure Code (V of 1908), O.XXIII, R.1 & S.115--­Constitution of Pakistan (1973), Art.199---Constitutional petition---Withdrawal of revision on instruction of attorney of plaintiff---Validity---Contents of power of attorney revealed that plaintiff had empowered special attorney to act on her behalf and exercise all the-powers/rights which she (principal) could exercise in connection with suit---Question about conferment of authority on special attorney (who was real son of plaintiff) being question of fact, abundantly stood established from bare reading of contents of power of attorney---Withdrawal of revision by counsel on instructions of special attorney was with permission of plaintiff as indicated by facts of case---Constitutional petition against concurrent finding of fact was not maintainable in circumstances. Midnapur Zamindari Company Limited v. Uma Charan Mandal and others AIR 1923 PC 187 rel. Mst. Feroz Bano and another v. Mst. Bilqis Jehan and others 1987 SCMR 1009 and Muhammad Hussain v. Bashir Ahmed and others PLD 1987 Lah. 392 ref. ORDER The facts which led to filing of this writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, briefly stated, are that the petitioner filed a suit for possession by pre-emption of certain land said to have been sold by one Mst. Jamila Bibi in favour of respondents Nos.1 and 2. Respondents contested this suit by filing a written statement whereafter issues in the case were framed and the plaintiff/petitioner led her affirmative evidence. On 17-6-1997, however, she moved an application seeking permission to lead additional evidence alleging that the notices of Talab which were sent to the defendants, could not be exhibited on record due to inadvertence of the learned counsel. The defendants/respondents, however, hotly contested this application and consequently the learned trial Judge dismissed the same on 23-6-1997. The petitioner filed a revision petition but the learned counsel appearing for the petitioner made a statement before the learned Additional District Judge on 26-2­1998 that he did not want to press this revision…

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