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NOOR MUHAMMAD versus MUHAMMAD SHAFI


O 111, r 4 A statement made by a lawyer to a party presenting in connection with an inter-state case, where the settlement of the whole case was held, was held by the party [the lawyer and Client]

1986 S C M R 127

Present: Nasim Hasan Shah and Shafiur Rahman, JJ

NOOR MUHAMMAD‑‑Petitioner

versus

MUHAMMAD SHAFI and others‑‑Respondents

Civil Petition No. 987 of 1982, heard on 4th May, 1985.

(On appeal from the judgment, dated 4‑12‑1982 of Lahore High Court in Civil Revision No. 531 of 1981).

Civil Procedure Code (V of 1908)‑‑

‑‑O. 111, r. 4‑‑Statement made by counsel‑‑Value‑‑Statement made by counsel of a party while appearing in connection with an interlocutory matter, where under entire suit was liable to be disposed of, held, was binding on that party.‑‑[Counsel and client].

Malik Maqbool Elahi, Advocate Supreme Court and Masood Akhtar, Advocate‑on‑Record for Petitioner.

A.R. Tayyab, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Respondent No. 1.

Nemo for Respondents Nos. 2 to 4.

Date of hearing: 4th May, 1985.

ORDER

NASIM HASAN SHAH, J.‑‑

The question raised in this petition is whether the statement, made by the counsel of a party while appearing in connection with an interlocutory matter, where under the entire suit was liable to be disposed of, could bind the said party

The High Court has, after carefully examining all the circumstances of this case and relying on two reported judgments of the Lahore High Court, held that the counsel could competently have made the statement in question and the party represented by the said counsel will be bound by his statement.

The above view is disputed before us through this petition for leave to appeal.

After having heard the learned counsel for the petitioner and perused the record we see no reason to differ with the view expressed by the High Court in the facts and circumstances of this case.

This petition is dismissed.

M.Y.H. Leave refused.

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