Legal Case Summary

Case Details
Case ID 140e9db8-e628-43a0-a879-2fcec6767a5a
Body View case body.
Case Number Judicial Miscellaneous No. 21 and C.M.A. No. 10657
Decision Date Oct 09, 2012
Hearing Date Mar 15, 2012
Decision The application filed by Miss ZAINAB to set aside the order of withdrawal of the suit was dismissed. The court found that the plaintiff, Ghulam Mohiuddin, had voluntarily withdrawn the suit and had revoked the special power of attorney given to his daughter, Miss ZAINAB, prior to the withdrawal. The court concluded that no case of fraud or misrepresentation was made out, as the plaintiff confirmed in court that he withdrew the suit of his own free will. Consequently, the applicant had no legal standing to represent the plaintiff after the revocation of the power of attorney.
Summary The case revolves around a judicial miscellaneous application filed by Miss ZAINAB, seeking to set aside an order that dismissed a suit for partition and permanent injunction. The plaintiff, Ghulam Mohiuddin, had previously revoked the power of attorney granted to his daughter before the withdrawal of the suit. The court highlighted the importance of the plaintiff's consent in the withdrawal process, emphasizing that any claims of fraud or misrepresentation lacked substantiation. This case underscores the legal principles surrounding the authority of attorneys and the implications of revoking such powers in civil proceedings. The decision reinforces the need for clear communication and documentation in legal representations, ensuring that parties are not misled in the judicial process.
Court Sindh High Court
Entities Involved Sindh High Court, Muhammad Javed, Ghulam Mohi-ud-Din, Muhammad Ali Mazhar, Miss Zainab
Judges MUHAMMAD ALI MAZHAR, J
Lawyers Ms. Syeda Sara Kanwal, Tariq Mehmood, Anwar Fazlani, Ghulam Mohid-ud-Din
Petitioners Miss ZAINAB
Respondents MUHAMMAD JAVED, Ghulam Mohi-ud-Din
Citations 2013 SLD 2289, 2013 PLD 73
Other Citations 2010 SCMR 1097, PLD 2010 Kar. 400, 2010 CLC 1578
Laws Involved Civil Procedure Code (V of 1908)
Sections 12(2), O.III, R.2, O XXIII, R.1