| Case ID |
d3fd349f-ede1-4fd1-9d5b-b6c3bd4f788e |
| Body |
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| Case Number |
Civil Petition Nos.499 and 500 of 2009 |
| Decision Date |
Feb 19, 2010 |
| Hearing Date |
Feb 19, 2010 |
| Decision |
The Supreme Court of Pakistan dismissed Civil Petition Nos. 499 and 500 of 2009, affirming the decisions of the lower courts. The Court ruled that the statements made by the Advocate on behalf of the petitioners were binding, as there was no evidence to suggest that the Advocate acted beyond the authority granted by the Vakalatnama. The Court emphasized that an Advocate has the authority to compromise or abandon a claim unless specifically restricted by the client. The petitioners' claims were deemed barred under relevant provisions of the Civil Procedure Code, and the Court found no merit in the appeals, leading to a dismissal of the petitions with leave refused. |
| Summary |
This case revolves around the authority of an Advocate to make binding statements on behalf of their clients, particularly in the context of civil procedure and pre-emption laws. The Supreme Court of Pakistan's ruling clarifies the scope of an Advocate's power to compromise or abandon claims unless restricted by the client through the Vakalatnama. The judgment underscores the importance of the client's trust in their representation and the legal implications of an Advocate's actions within the scope of their authority. The case also highlights the procedural aspects of civil litigation in Pakistan, specifically regarding the dismissal of claims and the implications of prior statements made in court. This ruling serves as a precedent for future cases involving the authority of legal representatives in the Pakistani legal system. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIR-UL-MULK,
KHILJI ARIF HUSSAIN,
MIAN SAQIB NISAR
|
| Lawyers |
Gulzarin Kiani, Advocate Supreme Court,
Ejaz Muhammad Khan, Advocate-on-Record,
Saeed-ul-Haq, Advocate Supreme Court
|
| Petitioners |
HASSAN AKHTAR and others
|
| Respondents |
AZHAR HAMEED and others
|
| Citations |
2010 SLD 485,
2010 PLD 657
|
| Other Citations |
Messrs Arokey Ltd. and another v. Munir Ahmed Mughal and 3 others PLD 1982 SC 204,
Ghasiram Goenka v. Harbux Goberdhonedas and another AIR 1980 Cal. 477,
Din Muhammad and another v. Farooq Mirza PLD 1955 Sindh 62,
Muhammad Hussain and others v. Mst. Hanaf Ilahi and others 2005 SCMR 1121
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Punjab Pre-emption Act, 1913
|
| Sections |
O.III,Rr.3,4,O.XXIII,Rr.1(1),(3),O.II,R.2,O.III,R.4,O.XXIII,R.1(3),
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