JAMIL AKHTAR KHAN vs MUHAMMAD SALEEM SADIQ O — 2022 YLR 1660 LAHORE-HIGH-COURT-LAHORE

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JAMIL AKHTAR KHAN VS MUHAMMAD SALEEM SADIQ O. III, R. 4---appointment of pleader---Scope---Respondent filed suit for specific performance of agreements to sell against several defendants---Several defendants including petitioners engaged a counsel who duly filed his power of attorney---Suit was fixed for submission of written statement before Trial Court when one of the defendants (brother of petitioners) recorded statement apprising that he had engaged a new counsel and that the previously engaged counsel would not be his attorney---Previous counsel despite being superseded not only submitted joint conceding written statement on behalf of several defendants, except one, rather simultaneously made statement for acceptance of application for grant of temporary injunction---Trial Court adjourned the case for submission of written statement by the brother of petitioners---Petitioners tabled an application for cancellation of conceding written statement made by their counsel but the application was concurrently dismissed---Validity---Petitioners along with their brother had also engaged the new counsel---Haste in submitting written statement on the part of previous counsel spoke volumes on his conduct towards the proceedings of the suit---High Court observed that previous counsel should have at least omitted/ deleted the name of petitioners' brother, who had already withdrawn his power of attorney---Such conduct of the previous counsel lent support to the stance of petitioners that he, by using their signatures made available to him, had filed the written statement without their instructions--- Prompt filing of application qua discarding of the written statement on behalf of the petitioners was again a supporting factor and could not be summarily declined---Impugned orders were set aside and the Constitutional petition was allowed, in circumstances.

JAMIL AKHTAR KHAN vs MUHAMMAD SALEEM SADIQ O — 2022 YLR 1660 LAHORE-HIGH-COURT-LAHORE

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