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High Court Appeal No. 69 of 1974, decided on 1st March, 1981.
‑‑ S. 151‑‑‑Expunction of remarks in judgment ‑ Appellant (joint receiver and counsel for a defendant) submitting statement in writing opposing application for withdrawal of suit‑Appellant explaining it pursuant to oral directions given by Single Judge at conclusion of case ‑Single Judge in his judgment, describing state ment as "written advice, lengthy arguments in nature of advise" and "as an attempt to re‑open arguments behind the back of the party concerned" and also making some other observations‑Held: Single Judge made observations upon quality of assistance given to him by appellant and no exception could be taken to same‑ Observations not of such nature as could even remotely cause any injury to appellant or cast any stigma on his character or reputa tion‑Expunction of remarks declined in circumstances. ‑[Expunction of remarks].
Khalid M. Ishaque v. The Chief Justice and Judges of the High Court, West Pakistan, Lahore P L D 1966 S C 628 fol.
Malik Feroze Khan Noon v. The State P L D 1958 S C (Pale.) 333 ; Muhammad Ashiq v. Allah Bux P L D 1957 S C (Pale.) 293 ; Abdul Hayee Khan v. The State 1969 S C M R 412 ; Agricultural Development Bank, Islamabad v. Qasim Ali Dogar 1976 P L C 555 ; In the matter of Expunging remarks from judgment P L D 1950 Lah. 34 ; Muhammad Sharif v. The State P L D 1957 S C (Pale.) 201 ; Ronaq Ali v. Chief Settlement Commis sioner P L D 1973 S C 236 and The State v. Mujahid‑ud‑Din Faridi P L D 1959 S C (Pale.) 123 ref.
‑‑ Maxim : Audi alteram partem (no one should be condemned un heard)‑Court appointing appellant (counsel for a defendant) joint receiver in suit‑Appellant thus acting as officer of Court and attend ing Court proceedings‑Appellant having no interest in suit‑Court making observations not in any way reflecting adversely upon his honesty and integrity‑Held : Single Judge not required to give any notice to show cause to appellant before passing order on application for withdrawal of suit.‑[Maxim].
Rao Muhammad Ashfaq Khan v. The State P L D 1963 S C 20 ref.
A. A. Fazeel for Appellant.
A. Sattar Shaikh, Addl. A.‑G. for Respondents.
Dates of hearing : 26th and 27th November, 1980.
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