Syed MUHAMMAD ASIF vs MUHAMMAD AYUB S — 2024 PLD 250 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 PLD 250 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: PLD
Parties: Syed MUHAMMAD ASIF vs MUHAMMAD AYUB S
Subject matter: Civil
Provisions referred to: S. 12

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

Syed MUHAMMAD ASIF VS MUHAMMAD AYUB S. 12 (2)---Constitution of Pakistan, Art. 199---Constitutional petition---Fraud and misrepresentation---Power of attorney---Interpretation---Petitioner was aggrieved of dismissal of his application under S. 12(2), C.P.C. on the ground that attorney of petitioner did not have any authority to file such application---Validity---Attorney was acting on behalf of principal for his benefit in relation to subject property with clear power to safeguard interest of petitioner---General Power of Attorney had granted powers to the attorney to do all things on behalf of the principal in relation to protecting his rights---Trial Court and Lower Appellate Court could not deprive the attorney from exercising his power to file a suit, written statement or, from filing an application under S. 12(2), C.P.C., on behalf of his principal---Such interpretation was in the context of facts and circumstances peculiar to the matter of petitioner---Application of rules of interpretation regarding the punctuation slash (/) had different outcomes depending on the facts and circumstances of each case---High Court set aside orders passed by two Courts below and remanded the matter to Trial Court for decision on merits after recording of evidence, as the attorney was duly authorized and competent to file application under S. 12(2), C.P.C.---Constitutional petition was allowed accordingly.

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