2023 PLP 1098 (CLC)
ABDUL REHMAN — Plaintiff Versus NOMAN ABID and another — Defendants
| Citation | 2023 PLP 1098 (CLC) |
| Forum / Court | Sindh |
| Bench Members | N/A |
| Parties | ABDUL REHMAN — Plaintiff Versus NOMAN ABID and another — Defendants |
| Primary Law | (b) Civil Procedure Code (V of 1908), (a) Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 2023 PLP 1098 (CLC)?
This judgment primarily cites: (b) Civil Procedure Code (V of 1908), (a) Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2023 PLP 1098 (CLC)?
The case was heard and decided by the Sindh bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2023 PLP 1098 (CLC) (ABDUL REHMAN — Plaintiff Versus NOMAN ABID and another — Defendants). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
O.III, R.2
Recognized agent
Fast track policy defined in Circular No.G-AZ/XII.Z.14(HC)(i), dated 16-10-2012
Scope
Plaintiff moved an application to treat the suit under fast track policy
Fast track policy was framed for the benefit of litigants who had crossed the age of 65 years
However, for the purpose of the policy, the litigant does not include the attorney who is contesting on behalf of the person litigating under such status, on a private arrangement
Attorney might may have crossed the age of 65 but the litigant had not
Spirit of the policy is for original litigants and not for attorneys
Order III, R.2, C.P.C., is for recognizing an agent of a party by whom such appearances, applications and acts may be made or done
Such concession, however, is not extendable to the attorneys pursuing matters on behalf of litigants
If the interpretation of the applicant was accepted, then virtually all files would be converted into red files under fast track policy as everyone would then engage an attorney having the age of 65 or above
Application was dismissed.
O.III, R.2
Recognized agents
Scope
According to O.III, R.2 of the C.P.C., an agent of a party can be recognized for the purpose of making appearances, applications, and acts on behalf of the party
Such agents may include individuals who hold a power of attorney and those who conduct trade or business in the name of parties that are not resident within the local limits of the jurisdiction.
Judgment & Decree
MUHAMMAD SHAFI SIDDIQUI, J.
Granted. 2) This suit for specific performance was filed by one Abdul Rehman son of Farid Ahmed through his attorney. While this suit was pending an application for treating this matter under fast track policy was moved. The fast track policy was defined in Circular No.GAZ/XII.Z.14(HC)(i) dated 16.10.2012. The text of the circular is as under:- "The Hon'ble Chief Justice has been pleased to order that preference be given to the cases of Senior citizens i.e. persons aged above 65 years, widows who have not remarried and orphans whose both parents have expired. In case they opt for fast track, they should move an application which would be heard in Court and decided accordingly. Once the priority is given to a particular case, the Roster shall fix such case on weekly basis. The file cover of the cases, to which priority has been allocated, should be given different colour preferably 'RED' to attrach the attention of the Hon'ble Judge." Main contention of the learned counsel is that since the circular recognizes a person aged about 65 years, therefore, for all intent and purposes the circular should be applicable to the attorney of plaintiff and has relied upon Order III, Rule 2 of the C.P.C. for the purpose of ascertaining definition of a 'person'. I have heard the learned counsel and perused record. The circular in this regard is for the litigants who have crossed age of 65, widow who has not re-married and orphan whose both parents have expired. The litigant, for the purpose of defining above circular, does not include the attorney who is contesting on behalf of person litigating under such status, on a private arrangement. The attorney may have crossed the age of 65 but the litigant has not. The spirit of circular is for original litigants and not for attorney. Order III, Rule 2, C.P.C., is for recognizing an agent of a party by whom such appearances, applications and acts may be made or done are person holding Power of Attorney and person carry on trade or business for and in names of parties not resident within the local limits of the jurisdiction. This provision is only in respect of litigant to be recognized as such and may represent them in Court but the circular itself for such concession is not extendable to the attorneys pursuing matters on behalf of litigants. If that interpretation is accepted then virtually all files will be converted into red file under fast track policy as everyone would then engage an attorney having age of 65 or above. The spirit of the circular is for the actual litigants and not attorneys. With the above understanding of the circular, the application for treating this matter under fast track policy, as attorney has crossed age of 65, is misconceived and accordingly dismissed. SA/A-8/Sindh Application dismissed.