DARA and 4 others vs KHURSHID ALI and 4 others
This petition for leave to appeal was directed against a revisional order of the High Court, which had upheld a trial court's decision regarding the filing of a written statement in a civil suit. The core legal question concerned the validity of a written statement filed by a purported attorney who failed to produce a power of attorney, and whether the trial court acted correctly in allowing the defendant to subsequently file a personal written statement. The Supreme Court found that the initial written statement, presented without a power of attorney and subsequently disowned by the defendants, lacked legal standing and could not be given credence. The Court held that the trial court was justified in rejecting the unauthorized document to ensure that the actual defense of the parties was properly reflected in the proceedings. Consequently, the Supreme Court dismissed the petition, affirming that procedural irregularities regarding representation do not preclude the court from ensuring the authentic defense of a party is placed on the record.
- Can a written statement filed by a purported attorney without a power of attorney be accepted by the court?
- Is a court justified in allowing a defendant to file a personal written statement after rejecting an unauthorized one filed on their behalf?
- Does a court have the discretion to ensure the real defense of a party is reflected in the proceedings despite procedural errors in filing?
ORDER
1. ' WAJIHUDDIN AHMED, J.---The High Court, per order dated 22-1-1999, has upheld in revision an order dated 10-9-1995, passed by the learned Civil Judge, Bhakkar, in Suit No,195 of 1990, whereby a written statement filed on behalf of the respondents, purportedly through the respondents' attorney, was ordered to be returned and another written statement submitted on 13-2-1991 by the respondent No,1 himself was retained on the file. It has been noted in the relevant orders that the purported attorney did not even submit his power of attorney alongwith the written statement presented on 9-2-1991 and that such written statement having been disowned by the respondents-defendants could not, in the circumstances, be given any credence. Besides, real defence from the side of the defendants was required to be reflected in the proceedings.
2. ' We find no merit in this petition directed against revisional order of the High Court and dismiss it.
Cited by 3 cases
- Wahid Bakhsh vs Additional District Judge And Other 2013 KLR Civil Cases 306
- Wahid Bakhsh vs Additional District Judge and others 2013 KLR Civil Cases 306, 2013 PLJ Lahore 601, 2013 C.L.R. 1518
- WAHID BAKHSH vs ADDITIONAL DISTRICT JUDGE and 5 others 2014 MLD 130