KAMAL ASHRAF vs ATIQUE-UR-REHMAN O — 2025 CLC 173 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2025 CLC 173 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2025
Reporter: CLC
Parties: KAMAL ASHRAF vs ATIQUE-UR-REHMAN O
Subject matter: Civil

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

KAMAL ASHRAF VS ATIQUE-UR-REHMAN O. III, R. 1 & O. VI, R.14---appearance in court by recognized agents or pleaders---Power of an advocate to sign pleadings/replications on behalf of his client---Scope---advocate representing the petitioners/plaintiffs before the Trial Court in a suit for declaration with permanent injunction filed replication on behalf of petitioners only under his signatures and without being signed by the petitioners---Respondents filed application for placing on record the same replication in another civil suit---Petitioners filed application challenging the filing of replication by their previous counsel without being signed by the petitioners, which was dismissed by both the courts below---Validity---Order III, Rule 1 & O. VI, R. 14, C.P.C., mandate that certain pleadings, including replications, must be signed by the party or their authorized agent---Lawyers are not supposed to replace their client(s) for any substantial relief, which their clients want on the basis of fact from the Court---Lawyer(s) cannot swear affidavit of facts relating to the stance of their client(s) in which they/he need an order from the Court of law, so felt by their/his client---Facts and circumstances can only be in the personal knowledge of their client(s)--When the petition was not signed by the petitioners, it was difficult to believe that the petition had been filed under the instructions given by the petitioners---Lawyers cannot file suit and other miscellaneous petitions solely on the strength of power of attorney---Constitution petition was allowed, in circumstances.

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