35/2017 II.A. Syed Fasih Iqbal Thr. his Legal Heirs & Others (Appellant) V/S Hassan Sardar & Others (Respondent)
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
35/2017 II.A. Syed Fasih Iqbal Thr. his Legal Heirs & Others (Appellant) V/S Hassan Sardar & Others (Respondent) Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 14-APR-21
Perhaps deciding issue No.1 afresh in this third tier of litigation would be harsh as any party aggrieved of it would be deprived of right of appeal. A fair judicial proceedings includes a right of appeal and only then the spirit of fair trial could be materialized. In my humble view this issue ought to have been decided on merit by the Courts below so that it could be decided conclusively whether any rights in the property were delegated by defendant No.1/applicant to defendant No.2/respondent No.2as only then attorney could delegate such rights further to the plaintiff i.e. respondent No.1 herein as his sub-attorney and a decree of lawful purchaser could be passed in favour of respondent No.1