SWAT TEXTILE MILLS LIMITED, HARIPUR vs Mst — 2021 PLD 146 PESHAWAR-HIGH-COURT

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SWAT TEXTILE MILLS LIMITED, HARIPUR VS Mst. NABEELA S. 12(2)---Constitution of Pakistan, Art. 199---Constitutional petition---Counsel and client---Liability---Petitioners sought setting aside of judgment and decree on the plea of fraud and misrepresentation---Trial Court and Lower Appellate Court declined to set aside judgment and decree in exercise of powers under S.12(2), C.P.C.---Plea raised by petitioners was that Vakalatnama used was issued for some other purpose and not for litigation in question---Validity---Vakalatnama showed that title of case in question was specifically written, which suggested that Vakalatnama/Power of attorney was issued to counsel for contesting suit in question---Vakalatnama/Power of attorney gave authorization to enter into arbitration, settlement or compromise which was expressly been conferred on the attorney/advocate---Attorney or advocate had not committed fraud with petitioners, who failed to make out a case of fraud or misrepresentation out of the record against respondents or anyone else---When an attorney/advocate had defrauded a person, the only remedy available to that person was to sue his attorney for damages or recovery of any such amount on his part---Other parties could not be dragged into litigation just because of the fact that an advocate had allegedly committed some fraud with any person---Application under S. 12(2), C.P.C. was moved by petitioners beyond prescribed period of three years---High Court declined to accept the plea that petitioners had learnt about judgment and decree in question a few days before filing of application under S.12(2), C.P.C.---Constitutional petition was dismissed, in circumstances.

SWAT TEXTILE MILLS LIMITED, HARIPUR vs Mst — 2021 PLD 146 PESHAWAR-HIGH-COURT

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