RASHEED A. RAZVI vs Mrs — 2022 PLD 403 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 PLD 403 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: PLD
Parties: RASHEED A. RAZVI vs Mrs
Subject matter: Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

RASHEED A. RAZVI VS Mrs. SAKINA SULEMAN R.10---Constitution of Pakistan, Art. 270-AA (3) (b)---Retired Judge of High Court---Practice as lawyer in the same High Court---Special Bench, constitution of---In suit for possession, injunction, recovery of mesne profit and damages, objection was raised on appearance of advocate for defendant who was a retired judge of High Court---Single Judge of High Court referred the matter to Chief Justice of High Court to constitute Special Bench to decide the issue---Intra Court Appeal was filed by the advocate of defendant in his personal capacity---Validity---Reference to the provisions of R. 10 of Sindh Chief Court Rules (O.S.), whereby Single Judge of High Court had referred the matter for constituting special Bench to examine the issue of eligibility of appellant / advocate for defendant, to appear before High Court as counsel---Rule 10 of Sindh Chief Court Rules (O.S.) did not allow formulation of a question, which was neither subject matter of the suit nor part of issues framed by Court---No evidence was recorded on questions so formulated which otherwise required formulation of entirely separate issues of facts and law both---Division Bench of High Court set aside order passed by Single Judge of High Court and remanded the matter for decision on merits as per pleadings of parties---Intra Court Appeal was allowed in circumstances.

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