30/01/2025
وکیل کو وکالت نامہ دینے کے بعد وکیل کو کیس کے بارے میں تمام امور اور اقدامات کرنے کا اختیار مل جاتا ہے، بشرطیکہ کہ کسی چیز سے منع نہ کیا گیا ہو۔
By singing a Wakalatnama all the powers including withdrawal of suit or to take any step and conduct proceedings is delegated upon the counsel.A party is always bound by the statement of his counsel unless there is anything contrary in the power of attorney placing restriction(s) on the authority, delegated upon the counsel, to compromise or abandon the claim on behalf of his client(s)
Though the petitioner sought setting aside of ex parte decree by filing an application under sub-section (6) of Section 9, Family Courts Act, 1964 but later on, he withdrew the same 02.04.2022, meaning thereby he acquiesced of the decree and waived off his right to further agitate it.
So far as the filing of subsequently application for recalling of the above said order, as purportedly, no instructions for withdrawing the above said application for setting aside ex parte decree/ proceedings to the counsel, were conveyed is concerned, suffice it to say that the said order was passed after the statement of the duly engaged counsel of the petitioner because engagement of the said counsel under Order III, Rule 1, Code of Civil Procedure, 1908, is admitted one (even the counsel, who withdrew the application, also instituted the suit for cancellation of entries in column No.15 of the Nikahnama, which means the petitioner has confidence and trust upon his counsel); therefore, the petitioner cannot take a summersault as the act of duly engaged counsel is considered as that of the person, who engages him/her and the petitioner is bound by the acts of his counsel.
C.P.L.A.2759-L/2023
Muhammad Ejaz v. Judge Family Court, Hafizabad, etc
Mr. Justice Shahid Bilal Hassan
14-01-2025
2025 SCP 21
