Contrary in the Vakaltnma putting restriction on the authority of the Advocate to compromise or abandon claim on behalf of the client.

In the case of “HASSAN AKHTAR and others versus AZHAR HAMEED and others” (PLD 2010 Supreme Court 657) the Hon’ble Supreme Court of Pakistan, while dealing with the issue akin to issue in hand held as under :- 

“13. It is by now well-settled that an Advocate has authority to make statement on behalf of his client, which is binding upon the client, unless there is any thing contrary in the Vakaltnma putting restriction on the authority of the Advocate to compromise or abandon claim on behalf of the client. The Advocate’s power in the conduct of a suit allows him to abandon the issue, which in his discretion, advisable in the general interest of his client.” 

The above view was previously affirmed in the case of “AFZAL and others versus ABDUL GHANI” (2005 SCMR 946). 

 Part of judgment 

IN THE LAHORE HIGH COURT, RAWALPINDI BENCH, RAWALPINDI 

Civil Revision
891-12

2017 LHC 2523