| Case ID |
029df3d7-a905-45c3-ae3c-7d78b6edf4b4 |
| Body |
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| Case Number |
Civil Revision No. 730 of 2012 |
| Decision Date |
Dec 23, 2013 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the Civil Revision filed by the petitioner, MUNIR AHMAD KHAN, asserting that the counsel for the respondent, Mian Muhammad Afzal, acted beyond his authority. The court held that the compromise made by the counsel was unauthorized and constituted a fraud upon the court and the client. The court emphasized that a power of attorney must be strictly construed, and any actions taken outside the explicitly granted authority are not binding. The trial court's decision to set aside the compromise decree was upheld as it was found to be legally sound, and the revision petition was dismissed as having no merit. |
| Summary |
In the case of Civil Revision No. 730 of 2012, the Lahore High Court dealt with a dispute involving a compromise reached by a counsel that was later contested by the defendant on grounds of unauthorized action. The petitioner, MUNIR AHMAD KHAN, filed a suit for specific performance of a contract regarding land. The court found that the counsel, Mian Muhammad Afzal, did not have the authority to compromise the matter on behalf of the defendant, B-UR-MA SHELL OIL COMPANY. The ruling underscored the importance of adhering to the powers granted in a power of attorney, stating that any deviation would render the actions void. This case highlights the critical nature of legal representation and the necessity for lawyers to operate within their granted authority to protect the rights of their clients. The decision reaffirms established legal principles regarding the interpretation of powers conferred through legal documents, ensuring that clients are safeguarded against fraudulent actions by their representatives. |
| Court |
Lahore High Court
|
| Entities Involved |
B-UR-MA SHELL OIL COMPANY,
Mian Muhammad Afzal
|
| Judges |
CH. MUHAMMAD MASOOD,
JAHANGIR
|
| Lawyers |
Ch. Imtiaz Ahmad Kamboh,
M. Tariq Malik
|
| Petitioners |
MUNIR AHMAD KHAN
|
| Respondents |
B-UR-MA SHELL OIL COMPANY through GENERAL Manager and another
|
| Citations |
2015 SLD 532,
2015 PLD 396
|
| Other Citations |
PLD 1987 Lah. 392,
1987 CLC 813,
PLD 1969 Kar. 123,
1995 CLC 1572,
1992 SCMR 1488,
PLD 1985 SC 341,
1991 CLC 67
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act, 1877
|
| Sections |
12(2),
O.III,R.2,
12
|