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First Appeal from Original Order No. 180 of 1980, decided on 2nd June, 1980.
‑‑ O. XLI, r. 21, O. 111, r. 4(5) & S. 107 and Legal Practitioners and Bar Councils Act (III of 1965), S. 22‑Memo. of appearance‑Con tention that counsel appearing on behalf of duly appointed counsel having appeared in Court without authority to enter appearance, Court not absolved of its responsibility to serve appellant with notice of transfer of appeal‑Further contention being that such counsel could not appear without filing memo. of appearance as required by S. 22, hence his appearance no appearance in eye of law-Contentions, held, had no force.‑[Counsel and client].
‑‑ O. III, r. 4 (5) and Legal Practitioners and Bar Councils Act (III of 1965), S. 22‑ Vices of statutes‑Act does not lay down procedure to be followed by Courts in deciding suits and appeals‑Such pro cedure set out in C. P. C.‑Provisions of Act cannot override provisions contained in C. P. C.‑Counsel not fulfilling requirements of S. 22, held, might have to face charge of professional miscon duct‑Counsel's failure to file memo. of appearance, however, does not amount to error of procedure affecting validity of proceedings on basis of his attendance.‑[Interpretation of statutes].
Zafarul Haq v: Waris Iqbal and another P L D 1979 Lah. 793 rel.
‑‑ Contention that in absence of signatures of parties' counsel on order affecting arguments of parties' counsel having been heard, hearing of appeal cannot be said to be proper‑Held, had no force- Signatures of parties' counsel rarely obtained when final order announced immediately after conclusion of arguments.‑[Counsel and client].
Ch. Azimud‑Din for Appellant.
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