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KARACHI METROPOLITAN CORPORATION (K.M.C.) vs PRESIDING OFFICER, IX AD&SJ, EAST, KARACHI R — 2024 PLD 339 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 PLD 339 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
PLD
Parties
KARACHI METROPOLITAN CORPORATION (K.M.C.) vs PRESIDING OFFICER, IX AD&SJ, EAST, KARACHI R
Subject matter
Constitutional
Provisions referred to
S. 126---L; S. 126; Sindh Local Government Act (XLII of 2013); Sindh Local Government Act

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

KARACHI METROPOLITAN CORPORATION (K.M.C.) VS PRESIDING OFFICER, IX AD&SJ, EAST, KARACHI R. 44---Sindh Local Government Act (XLII of 2013), S. 126---Legal Advisors and Government Pleaders---Memo of appearance, filing of---Non-filing of Vakalatnama---Petitioner/Karachi Metropolitan Corporation was aggrieved of the order passed by Lower Appellate Court returning Memo of Appearance and giving directions to file proper Vakalatnama---Validity---Advocates who appear for a private party file Vakalatnama and, in contrast, Advocates appearing on behalf of Government put in a Memo of Appearance---Such practice of Government Pleader filing Memo of Appearance instead of Vakalatnama is also consistent with the provisions of R. 44 of Sindh Civil Court Rules---Order of petitioner Corporation was in line with the statutory requirements for issuing such orders as laid down in S. 126 of Sindh Local Government Act, 2013---There was no lacuna in the order of petitioner Corporation---Once the Court had assessed that a Memo of Appearance submitted by petitioner Corporation was in line with the provisions of Sindh Local Government Act, 2013, the Court should have accepted the same---High Court directed Lower Appellate Court to accept Memo of Appearance from the empaneled Advocate of petitioner Corporation subject to scrutiny as per law---Constitutional petition was allowed, in circumstances.

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