Case Details

Citation(s)
2005 SLG 1248 2005 SLD 1248 2005 SCMR 946
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.1249/L of 2000, decision dated: 24-02-2003
TANVIR AHMED KHAN AND KHALIL-UR-REHMAN RAMDAY, JJ

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AFZAL and others

VS

. ABDUL GHANI and others

Law:

Section:

Counsel and client------Constitution of Pakistan (1973), Art.185(3)---Engaging a second counsel---Power of attorney in favour of former counsel not withdrawn---Matter between the parties had been decided on the basis of statement made by the counsel of the petitioners---Contention of the petitioners was that since the counsel who made the statement was superseded by another counsel appointed by them, the matter could not be decided on the basis of the statement made by the former counsel---Validity---By filing fresh power of attorney, the earlier power of attorney issued in favour of the former counsel was not cancelled---Mere fact that a fresh power of attorney was given to another counsel would not automatically cancel the earlier power of attorney in favour of the counsel who had been appearing in the case---Petitioners failed to point out any illegality or legal infirmity in the whereby the Trial Court decreed the suit---Leave to appeal was refused. Ejaz Anwar, Advocate Supreme Court for Petitioners. Nemo for Respondents. Date of hearing: 24th February, 2003. ORDER TANVIR AHMED KHAN, J.--- Leave to appeal is sought against the judgment dated 24-4-2000 of a learned Single Judge of Lahore High Court, Multan Bench, Multan, whereby Civil Revision No.86 of 1998 filed by the respondents was accepted by setting aside the judgment dated 4-11-1997 of the learned Additional District Judge, Muzaffargarh, and restoring the decree, dated 2-6-1997 of the learned Civil Judge 1st Class, Muzaffargarh. The facts briefly narrated for the disposal of this petition are that a declaratory suit was filed on 13-5-1991 by the respondents taking exception to Fard Badar and Mutation No.242 to the extent of land measuring 3 Kanals, 17 Marlas. Issues were framed and the parties led their evidence. The learned Civil Judge through his judgment, dated 21-11-1995 dismissed the suit. The respondents took exception to the aforesaid judgment by filing an appeal. While the learned First Appellate Court was hearing the same, an exception was also taken to an application given before the learned trial Court qua the compromise effected between the parties. However, said application was dismissed…
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