Pakistan Case Law
2001 SCMR 761

DARA and 4 others vs KHURSHID ALI and 4 others

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Citation2001 SCMR 761
CourtSupreme Court of Pakistan
Case No.Civil Petition No, 439-L of 1999
Date1999-11-23
Judge(s)Irshad Hasan Khan, Munir A. Sheikh and Wajihuddin Ahmed
Authored byWajihuddin Ahmed
ResultPetition dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

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.

Questions settled in this judgment
  • 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?
civil procedurewritten statementpower of attorneyrevisional jurisdictionlegal representation

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

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