livelawpk.com - Attorneys must Act Strictly within their Delegated Powers --

Attorneys must Act Strictly within their Delegated Powers and Special Oaths taken by them could not Retrospectively Alter Finalized Ex-Parte Decrees --- Supreme Court of Pakistan

2 weeks, 1 day
26

Attorneys must Act Strictly within their Delegated Powers and Special Oaths taken by them could not Retrospectively Alter Finalized Ex-Parte Decrees --- Supreme Court of Pakistan

Islamabad 18-03-2025: In a significant judgment [C.A. 550-L-2009], the Supreme Court of Pakistan emphasized limitations on attorney powers, specifically regarding decisions based on special oaths. The case arose when plaintiff’s ex-parte decree was initially upheld by a trial Court on the grounds of a special oath proposed by the Appellant’s attorney. The Supreme Court of Pakistan highlighted that such an oath could not be administered unless explicitly authorized by the power of attorney. Furthermore, it stated special oaths could not retrospectively alter finalized ex-parte decrees without adherence to procedural mandates under Order IX Rule 13 CPC and Article 163 Qanun-e-Shahadat Order, 1984. Additionally, the Court reaffirmed the limited scope of revisional jurisdiction under Section 115 CPC, asserting that High Courts should not substitute their reasoning for justified appellate Court decisions. Consequently, the Appellate Court’s decision to remand the case for further evidence recording was restored.