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MST. HAMID-UN-NISA versus GHULAM RASOOL


Civil Procedure Code Order III, rr 2 and 3 Power of Attorney Content of CPC Recognized Agents and Pliers II II shows that the agent was authorized to request review in civil courts before the Revenue Court was signed. , And involved the advisor engaged by such an agent. Not properly presented, nor can such a suggestion come from the dismissal of the principal petition

P L D 1965 W. P. (Rev.) 37

Before I. U. Khan, Member, Board of Revenue, West Pakistan

Mst. HAMID‑UN‑NISA‑Petitioner

Versus

GHULAM RASOOL‑Respondent

Revision No. 1422 of 1962‑63, decided on 25th May 1965.

Civil Procedure Code (V of 1908)------

-----

O. III, rr. 2 & 3 Power of Attorney‑‑Contents showing that power was given to agent for appearance in civil Courts‑Revision petition before Revenue Court signed, and counsel engaged, by such agent‑Petition held not properly presented, nor such counsel could appear on behalf of principal‑Petition dismissed.

Malik Amjad Hussain for Petitioner.

Fazal‑ur‑Rahman for Respondent.

ORDER

This is a second revision filed against an order dated the 12th of December 1963, passed by the Additional Commissioner, Multan, whereby, out of two revisions preferred before him, that filed by the respondent was accepted and the other instituted by one Kabul Ahmad was rejected.

At the very outset, the learned counsel for the respondent has pointed out that the revision is not properly presented. I find that a power of attorney was given by the petitioner to one Ratio, Ahmad but an examination of the Power of Attorney shows that it was intended to be used in the Civil Courts. There is nothing on record to show that the petitioner authorized Rafiq Ahmad to appear on her behalf in Revenue Courts.

The revision petition was signed by Rafiq Ahmad and the counsel was also engaged by the same person. Since Rafiq Ahmad has not been authorised so far as revenue authorities are concerned, the revision cannot be said to be properly presented no Malik Amjad Hussain can appear on behalf of Mst. Hamid‑un- Nisa.

In these circumstances, the revision is dismissed.

A. H. Petition dismissed.

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