KHURRAM MANZOOR vs SURIYA BEGUM O — 2022 PLD 68 ISLAMABAD

Case information

Citation: 2022 PLD 68 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: PLD
Parties: KHURRAM MANZOOR vs SURIYA BEGUM O

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

KHURRAM MANZOOR VS SURIYA BEGUM O. III, Rr. 1 & 2---appearance, may be in person, by recognized agent or by pleader---Recognized agents---appearance of clerk in Court---Scope---Either a party itself or a duly authorized attorney or pleader is entitled to appear before a Court on a date fixed for the hearing of a case---Practice of clerks appearing before Civil Courts and their presence being recorded and deemed as the presence of the party whom they purport to represent has no backing of law and needs to be deprecated---Thing that is required to be done in a certain way must be done in that way or not at all---Clerk of a counsel has no right of appearance or audience or advocacy before the Civil Court and has no authority to sign any pleadings---appearance of clerks in place of parties and their counsel disables the Court from undertaking effective case management, as a clerk has no skin in the game: he neither has an interest to protect the party itself, nor is he bound by professional ethics prescribed for lawyer under the Legal Practitioners and Bar Councils act, 1973---Care must be employed by the Civil Court not to allow appearance of a clerk of a counsel instead of parties or their counsel or mark their presence on order sheets, which unsanctioned and retrograde practice has culminated into the sorry state of affairs where clerks are now executing pleadings.

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