192/2023 Const. P. K.M.C (Petitioner) V/S IXth ADJ (East) and Others (Respondent)
Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui, Hon'ble Mr. Justice Jawad Akbar Sarwana(Author)
Order Date: 28-NOV-23
KMC is a part of the third tier of Government. Several Judgments of the Supreme Court of Pakistan have already made affirmative observations in support of the proposition in the case of local government and municipal authorities. In such cases, as per CPC and Sindh Civil Court Rules, KMC, as a 'third-tier of Government", may appoint counsels by way of filing a Memo of Appearance instead of Vakalatnama subject to conditions specified under the Sindh Local Government Act, 2013. KMC???s Counsel???s submission, based on a judgment of the Indian Court that the government, at its discretion, may appoint as many government pleaders as it likes, is contrary to Pakistan law based on Judgment of Supreme Court of Pakistan in Rasheed Ahmad v. Federal of Pakistan through Secretary, Ministry of Information, Broadcasting and National Heritage, Government of Pakistan Islamabad, and Other, PLD 2017 SC 121.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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