MUHAMMAD NAEEM vs ADDITIONAL DISTRICT JUDGE, Gujranwala S — 2025 CLC 1124 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD NAEEM VS ADDITIONAL DISTRICT JUDGE, Gujranwala S. 145 & O.II, Rr. 1 & 2---Contract Act (IX of 1872), S. 128---Recognized agent---Scope of authority---Meaning of terms "Appearance", "Application", and "Act"---Scope and applicability of C.P.C. principles in Family Matters---Plain reading of Rule 1 of Order III of the C.P.C. shows that a recognized agent can appear, file applications or act in or to any court on behalf of any party; R. 2 of O. III of the C.P.C. refers to a class of persons who could be treated as recognized agents of parties, which include a person holding power-of-attorney authorizing him to make such appearance, application and act on behalf of a party---The words "appearance", "application" and "act" used in Rr. 1 and 2 ibid are not defined therein---Applying ordinary meaning to these words the word "appear" means to be present and to represent the party at various stages of litigation---The words "application" or "act" mean necessary steps, which can be taken on behalf of a party in the Court or in the offices of the Court in the course of litigation---Thus the recognized agent or Special Attorney is entitled to appear, file application and act for a party but is not liable for satisfaction of the decree passed against the judgment debtor; whereas a "surety" is governed under S. 128 of the Contract Act, 1872 and is enforceable for performance of any decree or any part thereof under S. 145, C.P.C.---Though C.P.C. does not strictly apply in family matters but its principles are applicable---Special Attorney will only appear on behalf of a person and will not be liable as a surety unless he executes surety bond on behalf of a judgment debtor for satisfaction of decree---Writ petition was allowed by the High Court and impugned orders were set aside being without lawful authority and of no legal effect.

MUHAMMAD NAEEM vs ADDITIONAL DISTRICT JUDGE, Gujranwala S — 2025 CLC 1124 LAHORE-HIGH-COURT-LAHORE

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