5/2005 Execution Mrs. Meher Rohinton Minwalla (Decree Holder) V/S S Darayus Cyrus Minwalla & Ors. (Judgment Debtor)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar
Order Date: 29-JAN-14
(a) Sindh Chief Court Rules (O.S.)--- ----R. 50---Withdrawal of power of attorney by advocate of party---Effect---Applicant sought restoration of her execution petition which was dismissed after withdrawal of power of attorney by her advocate---Validity---Grievance of applicant was that intimation notice was issued to previous attorney after withdrawal of Vakalatnama---Issuance of notice to the attorney of applicant was not even required after compliance of notice under R.50 of Sindh Chief Court Rules (O.S.)---Court had shown grace by issuing notice, in the given facts and circumstances of the case, the Court could not ignore deliberate and wilful negligence of applicant herself in pursuing the case---Applicant failed to show bona fide in prosecuting her case with due diligence---High Court declined to restore execution petition---Application was dismissed in circumstances. Messrs United Bank Limited v. Messrs. Plastic Pack (Pvt.) Limited 2012 CLD 239; United Bank Limited v. The Chairman, Banking Tribunal-I, Lahore 1999 MLD 3267; Alamgir v. The State 1988 SCMR 642 distinguished. Bashir Ahmed v. Settlement of Rehabilitation Commissioner 1982 SCMR 188; Rafiq Ahmed v. Abdul Haleem 1982 SCMR 1229; Muhammad Rahim v. Mst. Begum Kaniz Fatima Hayat 1986 CLC 178 and Zulfiqar Ali v. Lal Din and others 1974 SCMR162 ref. (b) Constitution of Pakistan--- ----Art. 10-A---Right to fair trial---Scope---Provisions of Art.10-A of the Constitution are not for prosecutor to claim "fair trial and due process"---Protection of Art.10-A of the Constitution is available only to defendant and / or accused facing civil or criminal trial, as the case may be so that they may not be condemned unheard or treated unfairly in the process of adjudication.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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