Law:

Section:

(a) Civil Procedure Code (V of 1908)------O. III, R.4(5)---Appointment of pleader---Withdrawal of application by pleader appointed by counsel---Effect---Where the application was withdrawn by the counsel appointed by the principal counsel of the party, withdrawal of the application would be deemed to be by the principal counsel---Principal counsel cannot take exception to the acts done by second counsel appointed by him . (b) Civil Procedure Code (V of 1908)--- ----O. III, R.4(5), proviso & S.104---Appointment of pleader--­Withdrawal of application by pleader appointed by the counsel of the appellant---Pleader was also a counsel and son of the principal counsel who was engaged to plead the case on behalf of the appellant and was appointed to act on behalf of the appellant in the Trial Court without any authority in writing---Under the implied authority, the pleader had withdrawn application for temporary injunction moved on behalf of the appellant---Appellant denied the authority of the pleader to withdraw the application---Validity---Presumption in the present case would be that the pleader must have been authorized to do so on behalf of principal counsel/his father---Order passed by the Trial Court was unexceptionable and did not call for any interference by High Court---Appeal was dismissed in limine. Mst. Nawab Bibi and 3 others v. Ch. Allah Ditta and others 1998 SCMR 2381 and Karim Bakhsh and another v. Hussain1984 CLC 2154 ref. ORDER Muhammad Hussain, appellant/plaintiff, through the filing of this appeal has called in question orders, dated 7-7-2001 and 19-7-2001, whereby the learned Civil Judge, Gujranwala, dismissed an application for the re-calling of the order, dated 7-7-2001. 2. Brief facts, leading to the finding of the present appeal, are that the appellant filed a suit for specific performance of an agreement to sell with a consequential relief before the learned Civil Judge, Gujranwala, together with an application for the grant of interim relief and initially the learned trial Court issued the injunctive order. Respondents Nos.2 to 5 contested the suit by way of filing the written statement and reply to the application for the grant of…

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