| Citation(s) |
|---|
| 1992 SLG 2060 1992 SLD 2060 1992 PLJ 84 |
Sindh High Court
Civil Revision No.262 of 1991, dismissed on 2.12.1991. Date of hearing: 2.12.1991.
SYHD ABDUR RAHMAN, J
Mr. Muhammad Jamil, Advocate for Applicant. Mr Abdul Alim K. Talib, Advocate for
Respondents.
Civil Revision No.262 of 1991, dismissed on 2.12.1991. Date of hearing: 2.12.1991.
SYHD ABDUR RAHMAN, J
Mr. Muhammad Jamil, Advocate for Applicant. Mr Abdul Alim K. Talib, Advocate for
Respondents.
NASIR ALI--Applicant
VS
MUHAMMAD ALI and another--Respondents
Law:
Section:
Sindh Civil Courts Rules-- —R.85—Suit in. forma pauperis—Filing of—Power of attorney not filed—Effect of-Suit was dismissed for non-prosecution-Applicant Mtf.Tayyeba Khatoon filed an application for restoration of suit which was dismissed on short ground mat sl.c h^H no locus standi to apply for restoration-She claimed to beattorney of her husband but o power of attorney was filed-Held: Trial Court was justified in dismissing application for restoration as having been filed by an un-authorised person-Held further: here is no justification for interfering with orders of lower courts—Petition dismissed. [Pp.8586]A,BC 1984 CLC 1479 PLD 1969 Kar. 123 distinguished. ORDER This is a revision application under Section 115 CPC.2. The applicant had filed a suit in forma pauperis in the Court of 1st. Senior Civil Judge (Central), Karachi. It was dismissed for non-prosecution on 1.11.1990. Applicant wife Mtf.Tayyeba Khatoon filed an application for restoration thereof which was dismissed on 1.11.1990 on the short ground that Mst. Tayyeba Khatoon had no locus-standi to apply for restoration. It was claimed that she was Attorney of applicant Nasir Ali, her husband, but no Power of Attorney was produced or filed in Court at any stage, as required by Rule 85 of the Sindh Civil Courts Rules. Mr.Jamil Ahmed, learned counsel for the applicant, stated at the bar that he had produced photo-stat copy of the Power of Attorney before the trial Court. In order to verify his statement, the R. P. of the Trial Court was sent for, but neither any such photo-stat copy of Power of Attorney is available on record, nor the entry, as required by sub-rule(2) of Rule 85 of the Sindh Civil Courts Rules was there. Hence it cannot be believed that any such Power of Attorney was produced or shown to the Reader of the court. The learned Civil Judge was, therefore, justified in dismissing the application for restoration as having been filed by an unauthorised person. Mr.Jamil Ahmed relied upon 1984 C.L.C. Lahore 14 j i Lt.Col.Rjtd. P.G. Braganza v. The Border Area Allotment Committee). This case relates to a constitution petition filed before Lahore High Court, where it was…
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