Case Details

Citation(s)
2010 SLG 1069 2010 SLD 1069 2010 PLJ 88
Lahore High Court
W.P. No. 7818 of 2009, decided & hearing on 27.04.2009.
MUHAMMAD ASHRAF BHATTI, JUSTICE
Mr. Inayat Ullah Khan Niazi, Advocate for Petitioner.

MUHAMMAD SALIM

VS

ADDITIONAL DISTRICT & SESSION JUDGE, TEHSIL FEROZEWALA, DISTRICT SHEIKHUPURA AND 4 OTHERS

Law:

Section:

Power of Attorney-- ----Un-registered, unattested and unverified special power of attorney--Without proper identification--Value of--Special power of attorney did not appear to have been properly executed and the same being also unregistered was held to be a worthless document hardly creating any valid authority in favour of the petitioner in as much as it was attested by a Notary Public without proper identification--Held: Mere attestation of notary public will not be safe to be relied upon. Constitution of Pakistan, 1973-- ----Art. 199--Constitutional petition--Maintainability--Power of attorney--Entitlement of--In absence of verification and without proper probe, the petitioner cannot be treated as a duly authorized agent nor has any vested right enforceable by law entitling him to file a writ petition. THIS ORDER PASSED BY: MUHAMMAD ASHRAF BHATTI, JUSTICE---.--- One Muhammad Salim S/o Muhammad Munir-Respondent No. 3 filed a suit on 17.5.2007 for specific performanee against Muhammad Saleem Son of Din Muhammad, Muhammad Khalid and Muhammad Boota (Respondents No. 4 & 5) through his counsel Mr. Abdul Qayyum Bhatti, Advocate on the strength of agreement to sell (`Iqrarnama') dated 18.9.2002 in respect of the land, fully described in para-1 of the plaint, copy of which is available on record, Respondents No. 4 and 5, claiming bona fide purchasers of the said land, raised objection that the said suit was got filed by Respondent No. 3 in connivance with Muhammad Saleem S/o Din Muhammad now represented by the petitioner Muhammad Manshah, as his alleged attorney/agent vide a special power of attorney executed in his favour on 4.6.2007 (original stands placed on record). 2. One Mansab Ali also, through a general power of attorney registered vide No. 366 dated 17.6.2003 claims to be his agent to pursue the said suit on his behalf. He engaged Mr. Abaidullah Bhatti, Advocate for filing written statement on behalf of said Muhammad Saleem Son of Din Muhammad. Later Muhammad Manshah also claiming to be the agent of Muhammad Saleem S/o Din Muhammad on the strength of aforesaid special power of attorney, engaged his own counsel and wanted to file written statement on his…
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