M. M. K. A. ZAI versus AERO TRAVELS, KARACHI

Section 115 Applicant, before refusing to appear before a stage lawyer and submitting the record and requesting to be postponed and signed by the lawyer, the lawyer's name in the statement is accidental. And should have just been allowed to be irresponsible. Be reformed by the trial court

1981 C L C 1425

[Karachi]

Before Sajjad Ali Shah, J

M.K.A . ZAI‑Petitioner

Versus

MESSRS AERO TRAVELS, KARACHI‑Respondents

Civil Revision No, 14 of 1979, decided on 1^st April 1980.

Civil Procedure Code (V of 1918)‑--

‑‑‑ S. 115‑‑Petitioner, not denying counsel having appeared in case at some stage before and record showing application for adjourn ment having been drafted and signed by counsel‑‑Omission of counsel s name in vakalatnama being accidental and a mere irregu larity, held, should have been allowed to be rectified by trial Court.

Toor Gul v. Mst. Mumtaz Begum P L D 1972 S C 9 ; Messrs Nabi Bux and Sons v. Pakistan through the Secretary Ministry of industries and National Resources P L D 1969 Kar. 210 fol.

M. M. A. Zai for Appellant.

Sher Afghan for Respondents.

Date of hearing: 31st March, 1980.

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