Case Details

Citation(s)
2010 SLG 1246 2010 SLD 1246 2010 YLR 225
Lahore High Court
W. P. No. 4391 of 2009, decided on 26-03-2009.
S. ALI HASSAN RIZVI, JUSTICE
Syed Qamar Nasik for Petitioner.

RAO MUHAMMAD ASHIQ RAZZAQ THROUGH SPECIAL POWER OF ATTORNEY

VS

MST. ABIDA SHAMSHAD AND 2 OTHERS

Law: Family Courts Act, 1964

Section: 14

Law: Constitution of Pakistan, 1973

Section: 199

(a) Counsel and client-- --Non-prosecution of case faithfully by Counsel---Remedy of client would be to claim damages from his Counsel or file complaint against him before appropriate forum of Bar Council. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ----S.14---No appeal or revision would lie against appellate order. (c) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition could not be considered as a substitute for an appeal or revision. THIS ORDER PASSED BY: S. ALI HASSAN RIZVI, JUSTICE:---.--- Rao Muhammad Ashiq Razzaq petitioner has filed this writ petition on 5-3-2009 with the following prayers:-- "In view of the above submissions, it is most respectfully prayed that this writ petition may very graciously be accepted, the judgment dated 22-6-2006 passed by the' learned Additional District Judge/respondent No.2 whereby he dismissed the appeal against the order dated 6-3-2006 for setting aside the ex parte decree dated 18-11-2005 passed by the learned Judge, Family Court/respondent No.3, may very kindly be set aside by declaring the same as illegal, against law and facts of the case, and the case may very kindly be remanded back to the learned trial Court for deciding the same on merits, in the interest of justice." 2. It was argued on behalf of the writ petitioner that he had engaged a counsel but the counsel every time did not act faithfully in prosecuting his remedy and that it was for this reason that the judgment dated 22-6-2006 is being challenged through the present writ petition. 3. I have heard learned counsel for the petitioner and perused the record appended with this petition. 4. Respondent No.1 had filed a suit for maintenance allowance and dowry articles on 2-3-2005. The present petitioner filed his written statement on 9-6-2005 whereafter he did not prosecute his defence ex parte proceedings were taken…
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