Law:

Section:

Civil Procedure Code (V of 1908)--­----0. III, R.4---Pakistan Legal Practitioners and Bar Councils Rules, 1976, 8.144---Sindh Chief Court Rules (O.S.), R.50---Appointment of pleader--­ Engagement of more than one Advocate---Party was entitled to engage more than one Advocate in a case, but as a rule of professional conduct, right to lead the ease would rest with senior counsel unless he voluntarily retired from such right. Ex-Hav. Mirza Mushtaq Baig v. General Court Martial 1994 SCMR 1948; Pakistan through General Manager, Pakistan Railways v. Messrs Q.M.R. Expert Consultants PLD 1990 SC 800; Alico Civil Engineering and Contractors, Lahore v. Syeda Mushtri Rafiq Ahmad and another 1980 CLC 466; Mst. Qamar Sultana alias Qamarunnisa v. Abdul Hussain and another PLD 1982 Kar. 355 and Mst. Qamar Sultana alias Qamarunnisa v Abdul Hussain and another 1982 CLC 767 ref. ORDER Through this application, Mr. Abdul Rauf, Advocate for defendants has prayed that other counsel namely Mr. Veroz Khan engaged by the defendants be relieved from the legal services in this suit. The reasons mentioned in this application are that Mr. Abdul Rauf Khan was engaged by the defendants in March, 1992, who had filed written statement of the defendants, that in the month of February, 1996 he was in Punjab attending funeral ceremony of his mother during which period Mr. Feroz Shah filed his Vakalatnama on behalf of the defendants. I have heard Mr. Abdul Monim Khan, Advocate for plaintiff; Mr. Abdul Rauf Khan, Advocate in support of this application filed under Order III, Rule 4, C.P.C. and Mr. Feroz Shah and Mr. M. Zia Kiani, Advocates who were Subsequently, appointed by the defendants. It was argued by Mr. Abdul Rauf Khan that since his Vakalatnama still subsists on record, another Advocate was not competent to file Vakalatnama on behalf of the same party. He has also argued that a party cannot engage more than one Advocate. It was stated by him that the defendant No.2 had expired during the month of November, 1993 which resulted in the termination of the authority/Vakalatnama of Mr. Feroz Shah and Mr. M. Zia Kiani. He has referred to Order III, Rule 4, C.P.C. and also relied upon the…

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