| Case ID |
140e9db8-e628-43a0-a879-2fcec6767a5a |
| Body |
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| 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 The court found that the plaintiff, Ghulam Mohiuddin, had voluntarily withdrawn the suit and had revoked the special power of attorney given to his daughter, Miss ZAINAB, prior to the withdrawal.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
|