| Case ID |
15efcc2e-bdbb-4f9d-977f-de756f2ba912 |
| Body |
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| Case Number |
Suit No. 1108 of 1990 |
| Decision Date |
Apr 25, 1996 |
| Hearing Date |
|
| Decision |
The application for discharge of Vakalatnama filed by Mr. Ali Murtaza Hussain, Advocate, was granted based on valid grounds of non-payment of professional fees. The court emphasized that an Advocate's Vakalatnama remains effective until formally discharged by the court. It was noted that returning the case file prior to obtaining discharge is not permissible. The court upheld that the relationship between client and counsel is founded on mutual trust and that grounds for seeking discharge must be adequately substantiated. The decision acknowledged the complexities surrounding attorney-client relationships and the necessity for adherence to procedural rules regarding the discharge of Vakalatnama. |
| Summary |
This case revolves around the application filed by Advocate Ali Murtaza Hussain seeking discharge of his Vakalatnama due to non-payment of professional fees by the plaintiff, Muhammad Hafiz Azmat Shaikh. The Sindh High Court analyzed the legal framework surrounding the discharge of Vakalatnama under the Civil Procedure Code and the Sindh Chief Court Rules. The court highlighted the importance of the client-counsel relationship, which is built on trust and mutual obligations. The Advocate's right to withdraw was examined in light of previous rulings and the need for compliance with procedural rules. The court concluded that the application was valid, allowing the Advocate to withdraw while underlining the necessity for Advocates to remain engaged until a formal discharge is sanctioned. This case serves as a significant reference point regarding the duties of Advocates and the sanctity of their professional engagements, providing clarity on the procedural nuances of Vakalatnama discharge. |
| Court |
Sindh High Court
|
| Entities Involved |
NATIONAL GENERAL INSURANCE CO. LTD.
|
| Judges |
RASHEED AHMED RAZVI, J
|
| Lawyers |
Abdul Rauf,
Ali Murtaza Hussain,
A. H. Mirza,
Mirza Adil Baig
|
| Petitioners |
MUHAMMAD HAFIZ AZMAT SHAIKH
|
| Respondents |
3 others,
Messrs NATIONAL GENERAL INSURANCE CO. LTD.
|
| Citations |
1996 SLD 1566,
1996 CLC 1998
|
| Other Citations |
PLD 1990 SC 800,
1990 CLC 1473,
1987 CLC 1208,
1979 SCMR 183,
PLD 1982 Kar. 355,
AIR 1958 Mad. 122
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Sindh Chief Court Rules (O.S.),
Pakistan Legal Practitioners and Bar Councils Rules, 1976
|
| Sections |
0.111,
R. 4,
R. 50,
R. 139
|