Pleader would be entitled to appear for another and not for himself---Advocate could not file an affidavit in support of an interlocutory application or otherwise give evidence.
P L D 2020 Sindh 74
Before Aqeel Ahmed Abbasi and Aziz-ur-Rehman, JJ
Mst. KHADIJA through Attorney---Petitioner
Versus
VIIITH ADDITIONAL SESSIONS JUDGE (EAST) KARACHI---Respondent
Constitutional Petition No.D-8847 of 2017, decided on 19th March, 2018.
Civil Procedure Code (V of 1908)---
----O. III, R.1 & S.2(15)---Advocate, pleader and attorney---Scope---One could not legally enjoy dual status of an advocate and attorney at the same time---Pleader would be entitled to appear for another and not for himself---Advocate could not file an affidavit in support of an interlocutory application or otherwise give evidence.
Faridullah Khan v. Masood Asghar Mian 2017 CLC 1736 rel.
Mehrunnisa as Attorney and Counsel for Petitioner.
Ghulam Shabbir Shah, Addl. A.G. Sindh for Respondent.
Date of hearing: 9th March, 2018.
JUDGMENT
AZIZ-UR-REHMAN, J.---Through this Constitution Petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, filed on 23.12.2017, by Mst. Khadija widow of Muhammad Amin Andha through Mrs. Meluunnisa wife of Mukraam Mafooz, who is claiming to be duly constituted Attorney [See Annexure 'E' at page 33 to MoP] and Sub-attorney [See page 83 of the Court file] of said Mst. Khadija wife of Muhammad Ameen, feeling 'aggrieved' and 'dis-satisfied' with 'impugned order' dated 18:12.2017* [Annexure 'B' to the Memo of Petition - In short MoP]: is seeking setting aside of the 'impugned order' dated 18.12.2017, with the following prayer: -
"It is therefore prayed that this Hon'ble Court may be pleased lo call for R&P of SMA 393 of 2017 and grant the above CP and set aside the order dated 18-12-2017 directing the VIII ADJ East to accept the surety through attorney by filing the original documents of the property and any other order which is suitable under the circumstances." [Underlining is ours] .
2. The brief facts leading to the filing of the instant Petition are that the Petitioner viz. Mst. Khadija widow of Muhammad Amin [Late], who as asserted, at the time of filing of the Succession Misc. Application under Section 278 of the Succession Act, 1925, bearing SMA No.393 of 2017, was resident of Flat No.25, Jeetpur Plaza, Ameer Khusro Road Karachi. On the death of her husband viz. Muhammad Amin son of Haroon Andha in America [USA] on 14.01.2015, she herself filed Succession Misc. Application No.393 of 2017 under Section 278 of Succession Act, 1925, for grant of the 'Letter of Administration' in favour of the Petitioner in the Court of learned District Judge at Karachi, East on the basis of an IRREVOCABLE GENERAL POWER OF ATTORNEY dated 17.12.2016 stated to be executed in her favour by the other four [4] legal heirs i.e. at Sr. Nos.2 to 4 below [Available at page 19 of the Court file], wherein, it was averred that deceased, namely, Muhammad Amin, at the time of his death, has left behind five [5] surviving legal heirs with details as follows:--
Sr. No.
Name of Legal Heirs
Relationship
Age
1.
Khadija
Widow
Major
2.
Mohammad Yousuf Andha
Son
Major
3.
Sarah Andha
Daughter
Major
4.
Sana Andha
Daughter
Major
5.
Selma Andha
Daughter
Major
3. Per averments made in the Main Petition under section 278 of Succession Act, 1925, for the grant of 'Letter of Administration', all the legal heirs except the Petitioner Khadija were living in America [U.S.A.] at the address No.14413 SW 109th Street, Miami, FL-33186, USA.
4. Perhaps for the said reason, all the other legal heirs, who were then abroad and major, inter alia for filing and obtaining a 'Letter of Administration' had thus signed and executed an IRREVOCABLE GENERAL POWER ATTORNEY dated 17.12.2016 in favour of the Petitioner viz. Khadija widow of late Muhammad Amin, who, then was residing in Karachi, at Flat No.25 Jeetpur Plaza, Ameer Khusro Road, Karachi.
5. Consequently, on the basis of the aforesaid 'IRREVOCABLE GENERAL POWER OF ATTORNEY' dated 17.12.2016, executed by one [1] son and three [3] daughters of [late] Muhammad Amin, [expired on 14.01.2015 in America (USA)] in favour of the Petitioner viz. Khadija, thereafter, filed a Succession Mise. Application No.393 of 2017, sometime, in the month of March, 2017, with a prayer for the grant of 'Letter of Administration' in her favour in respect of the only one immovable property bearing Flat No.406, 4th Floor measuring 1210 sq.fts 7/B, Overseas CHS Ltd. Karachi.
6. Though 'Public Notice' in Daily 'Newspaper Express', Karachi, dated 21.04.2017, as appears 'from the contents of the 'Letter of Administration', was published but no one came forward to oppose the grant of 'Letter of Administration' in favour of Mst. Khadjja. Resultantly, on 04.12.2017, a 'Letter of Administration' that is to say after fulfilling all the requisite formalities was granted in favour of Mst. Khadija in following terms
"In these circumstances, when there is no counter claim against the Petitioner/legal heir of the deceased Muhammad Amin; while, witnesses have filed affidavits and no objections of the legal heirs have also come on record, matter is within the jurisdiction of this Court; therefore, in the interest of justice, instant S.M.A is allowed thereby Letter of Administration is granted in respect of the share of the deceased in the immovable property i.e. Flat No.406, 4th Floor, measuring 1210 square feet, Block-7/8, Oversea Cooperative Housing Society Limited, Karachi of deceased Muhammad Amin in favour of the petitioner namely Mst. Khadija. Petitioner is directed to furnish surety of Rs.75,00,000/- (Rupees Seventy Five Lac), in order to proceed for registration of entry about the names of other legal heirs in the record of rights, within one month and produce copy of such record before this Court before seeking for discharge of surety." [Underlining is ours]
7. After grant of the 'Letter of Administration' on 04.12.2017 an Application under section 151 C.P.C. dated 7.12.2017, only supported with affidavit of the counsel viz. Mehrunnisa was, filed before the Court of VIIIth Addl. District Judge, East at Karachi, wherein, she had claimed to be a 'SUB-ATTORNEY' of the Petitioner viz. Khadija under the IRREVOCABLE GENERAL POWER OF ATTORNEY dated 17.12.2016, allegedly executed in her favour by Mst. Khadjja [Available on Court's file at pages 83 to 85]. The prayers sought in the said application was for allowing the Petitioner to submit 'original title documents' of property in question i.e. Flat No.406, 4th Floor, measuring 1210 Sq.fit; 7/B, Overseas CHS Ltd. Karachi, as surety in respect of the subject matter, as according to the supporting affidavit, despite best efforts surety could not be arranged. Moreover, as appears from 'impugned order' dated 18.12.2017, the counsel Mrs. Mehrunnisa also wanted to collect the 'Letter of ADMINISTRATION' thereafter.
8. The aforesaid Application filed by Mrs. Mehrunnisa widow of Mukraam Mafooz in her DUAL CAPACITY rather to say triple capacity as being COUNSEL ATTORNEY and SUB-ATTORNEY, when taken up by the Court on 18-12-2017, then after hearing, the said application THE SAME, was 'DISMISSED'. Being relevant, the 'impugned order 18.12.2017, for ready reference is reproduced herein-below:-
"18.12:2017
Heard ADVOCATE MEHRUN N1SA and perused general power of attorney.
According to learned counsel, she is attorney of Mst. Khadija, who is attorney of remaining legal heirs of the deceased and by virtue of general power of attorney executed by Petitioner Mst. Khadija in her, advocate Mehrun Nisa, favour, she is competent to furnish surely and obtain letter of administration on behalf of the legal heirs of the deceased including Petitioner Khadija. She prayed for passing of an order directing the Nazir of this Court to accept from her the surety ordered by this Court, thereby, issue letter of administration in her favour on behalf of legal heirs of the deceased including Petitioner Khadija.
Contention raised by learned counsel for the Petitioner reflects that on the basis of general power of attorney executed by Petitioner Khadija, who is attorney of remaining legal heirs, in her favour, learned counsel preferred instant application. However, this Court is not satisfied with her contention on the legal ground that when the Petitioner herself was attorney of remaining legal heirs for the purpose of filing instant S.L.M.A. thereby obtaining letter of administration from the Court in respect of the property left by deceased Muhammad Ameen at Karachi, how the Petitioner is competent to execute sub-power of attorney in favour of advocate Mehrun Nisa without showing consent in writing from remaining legal heirs. On this score, instant application of advocate Mehrun Nisa being attorney for Petitioner Khadija, who herself is attorney for remaining legal heirs, is not maintainable. Accordingly dismissed. " [Underlining is ours]
9. Hence, the counsel feeling 'aggrieved' and 'dis-satisfied' with the aforesaid 'impugned order' dated 18.12.2017, has approached this Court through instant Petition filed on the basis of an earlier General Power of Attorney dated 11.02.2011 [available at pages 33 to 39 of the Court's file], with a prayer for setting aside the 'impugned order' dated 18.12.2017 as according to GENERAL ATTORNEY/SUB-ATTORNEY and COUNSEL of Khadija, the same order is not only erroneous but also illegal and against the law.
10. On 26.11.2017, when the above Petition came-up before the Court then besides, issuing notice to the learned AAG, 'comments' were also called from learned VIIth Additional District and Sessions Judge, Karachi East. 1n response of notice, such 'comments' have been received from the learned Addl. District and Sessions Judge VIII, Karachi, East, and also available on record.
11. The relevant portions from the 'comments' submitted by learned Addl. District and Sessions Judge VIII; Karachi East, read as follows:--
"...that after passing of order dated 04.12.2017, Mrs. Mehrunisa advocate appeared in Court and she submitted that she is sub-attorney of the Petitioner; therefore, she may be allowed to obtain letter of administration in her name by furnishing surety. Since she never disclosed at the time of hearing main petition that she had obtained sub-power of attorney from the main Petitioner, also in main petition, Petitioner Khadija did not disclose a single word that she had executed sub-power in favour of advocate Mehrunisa: therefore, this Court being dissatisfied on sub-power of attorney, passed the order dated 18.12.2017 specifically mentioning therein such aspect of dissatisfaction thereby rejected application of advocate Mrs. Mehrunisa:...... that in order to save the interest of legal heirs of the deceased, this Court passed the subject order bonafidely, as all the legal heirs of the deceased are residing at America and petitioner Khadija never appeared in Court to confirm such sub-power in favour of the advocate Mehrunisa." [Underlining is ours]
12. Lastly, on 09.03.2018, when the above petition came-up before us, then we heard Mrs. Mehrunnisa, learned counsel as well as General Attorney/Sub-Attorney of the Petitioner viz. Khadija and Mr.Ghulam Shabbir Shah, learned Addl. Advocate-General Sindh and also gone through the available record with their assistance minutely.
13. Mrs. Mehrunisa, who besides as being counsel of the Petitioner in the disposed of Succession Misc. Application No.393/2017, also claims to be Attorney and Sub-Attorney of the Petitioner viz. Khadija, on the basis of General Power of Attorney dated 11th February, 2011 and dated 30.06.2017 [available at pages 33 to 39 and pages 83 to 85 respectively of the Court's file]. The Sub-Attorney, it is needless to say, has been brought on record through a statement dated 16.01.2018. filed by Mehrunnisa in her capacity as counsel. Per Sub-Power of Attorney dated 30.06.2017, Khadija is living in America [USA] at 14413 SW 109th Street, Miami, FL 33186, U.S.A. Mehrunnisa contended that, of course, she 'did appear in the aforesaid Succession Matter, as counsel of the Petitioner viz. Khadija, though she was also holding General Attorney of the Petitioner viz. Khadija and her husband Muhammad Amin [since died] in USA. [Copy of the said General Power of Attorney dated 09.02.2011 is available at pages 33 to 39 of the Court file].
14. Being relevant, the opening un-numbered four [4] paragraphs and paragraph 17 of the said un-registered General Power of Attorney dated 09.2.2011, for convenience purpose, are reproduced herein:--
"TO ALL TO WHOM THESE PRESENTS SHALL COME WE, (I) MR. MUHAMMAD AMIN Son of HAROON HAJI YOUSUF THROUGH ATTORNEY MRS. KHADIJA Wife of HAJI HAROON (2) MRS. KHADIJA Wife of HAJI HAROON, Muslims, Adults, holder of NIC No.510-61-264935 and resident of House No.406 Al-Kabir Arcade 30/115, Block 7 and 8 Overseas Co-Operative Housing Society Ltd. Karachi.
WHEREAS WE ARE the Co-Owners of property being 2004% undivided share in lease hold plot or land bearing No. 30/115 (SURVEY SHEET No.35-P/1) measuring 730 square yards together with the occupancy rights of the undivided share used as Flat No:406 on 4th Floor having covered area of 1210 sqft. situated at block 7/8 overseas Cooperative Housing Society Limited Karachi hereinafter referred to as the SAID PROPERTY by virtue of registered Sub-Lease Deed bearing Registration No:2439, book No.1, dated: 27-8-92 executed before the Sub-Registrar T Division XI, Karachi M.F. Roll No.1620, dated 15.9.92.
AND WHEREAS we are personally unable to look after and attend to our affairs in respect of and concerning our Said Property and therefore appointing our sister to act for us in our name and on our behalf
NOW KNOW YE ALL MEN BY THESE PRESENTS that We do hereby appoint, nominate, constitute and ordain MRS. MEHRUNNISA WIFE OF MEHFOOZ MUQQARUM, Muslims, adult, holder of NIC No. 42201-8448783-4 and resident of 405, Selani Centre, Plot No. 442, Kathiawar Co-Operative Housing Society Karachi, to be our true and lawful attorney to act for us in our name and on our behalves and to do the following acts, deeds, matters and things in respect of and concerning the said property
17. To retain, utilized, hire, lease, sub-lease, license, give, grant, gift (Hiba), sell, assign, convey, transfer, alienate, encumber, charge, mortgage, pledge, hypothecate, redeem, exchange, discharge, surrender, release, relinquish, transmute, transplant, settle, adjust, rectify or otherwise to dispose of in such manner as may be considered, desirable, fit and proper by my said Attorney in her absolute discretion together with all rights, privileges and benefits thereto and to execute Sale Deed, indenture of Sun-lease and other deeds in respect of the said property and present the same before registration authority or before any authority and to file affidavit of all kinds and to sign all applications, admit the execution thereof, receive full consideration and discharge for the same." [Emphasis supplied]
15. Late Mr. Muhammad Amin, as shown in the aforesaid General Power of Attorney dated 09.02.2011 is one of the co-owners of Flat No.406, 4th Floor, 1210 sq.fts. Block 7&8, Overseas Cooperative Housing Society Ltd., Karachi, has admittedly passed away on 14.01.2015, in America [U.S.A.]. Upon his death on 14.01.2015, his widow viz. Khadija, filed an application for the grant of 'Letter of. Administration' bearing No.393 of 2007, but after obtaining an Irrevocable GENERAL POWER OF ATTORNEY dated 17.12.2016, from the remaining 4 legal heirs named in para. 2 hereof. The said Irrevocable GENERAL POWER OF ATTORNEY bears a rubber stamp of Commission # FF69046 with EXPIRY November 07, 2017.
16. Being relevant the lst four un-numbered paragraphs and para. 17 therefrom are reproduced herein below:-
Irrevocable General Power of Attorney
"TO ALL TO WHOM THESE PRESENTS SHALL COME WE, Mohammad Yousuf Andha, Sarah Andha, Sana Andha and Selma Andha children of Mohammad Amin Haroon (aka Mohammad Amin Andha) Muslim, adults and residents of 14413 SW 109th Street, Miami, FL 33186, U.S.A.
WHEREAS we are the co-owner of Property being ALL THAT Flat No.406, on 4th Floor, 1210 sq.ft. 7/8 Overseas C.H.S. Ltd. KARACHI, hereinafter referred to as the "SAID PROPERTY" having acquired the same by virtue of Registered sub-lease deed bearing Registration No. 2439 of Book No.1, dated 27-8-1992 Sub-Registrar, T Div. XI Karachi, (MF. Roll No. 1620 dated 15.9.1992 Photo Registrar, Karachi).
AND WHEREAS we are personally unable to look after and attend to our affairs in respect of and concerning our Said Property and therefore appointing a proper person to act for us in our name and on our behalf
NOW KNOW YE ALL MEN BY THESE PRESENTS that we do hereby appoint, nominate, constitute and ordain Khadija Haroon (aka Khadija Andha) Muslim, adult, holder of NIC No.42201-1588309-4 and resident of 14413 SW 109th Street, Miami, FL 33186, USA to be my true and lawful attorney to act for me in my name and on my behalf and to do the following acts, deeds, matters and things in respect of and concerning the said property.
17. To retain, utilized, hire, lease, sub-lease, license, give, grant, gift (Hiba), sell, assign, convey, transfer, alienate, encumber, charge, mortgage, pledge, hypothecate, redeem, exchange, discharge, surrender, release, relinquish, transmute, transplant, settle, adjust, rectify or otherwise to disposer of in such manner as may be considered, desirable, fit and proper by my said Attorney in her absolute discretion together with all rights, privilegs and benefits thereto and to execute Sale Deed, Indenture of Sun-lease and other deeds in respect of the said property and present the same before registration authority or before any authority and to file affidavit of all kinds and to sign all applications, admit the execution thereof, receive full consideration and discharge for the same. " [Emphasis supplied]
17. The earlier un-registered 'GENERAL POWER OF ATTORNEY dated 9.02.2011 as claimed by Mehhrunnisa was executed by two executants i.e. by Khadija herself and as attorney of her husband viz. Muhammad Amin. Muhammad Amin, it is worth to note, has passed away in USA on 14.01.2015, as such, the General Power of Attorney dated 07.02.2011 has become in-effective, particularly when, upon the death of Muhammad Amin, the other four [4] legal heirs, residing in USA have already executed an IRREVOCABLE GENERAL POWER OF ATTORNEY dated 17.12.2016 in favour of their mother viz: Khadija widow of Muhammad Amin.
18. Mehrunnisa, learned counsel for the Petitioner facing the above situation, nevertheless, opted to place on record through a statement dated 16.01.2018, photocopy of ANOTHER UN-REGISTERED Sub-Power of Attorney dated 30.06.2017 [Available at pages 83 to 85 of the Court file] which, as claimed by Mehrunnisa, has now been executed by Khadija in her favour. The signature of Khadija appearing on such Sub-Power of Attorney, however, does not match/tally with the signature of. Khadjja appearing only on the last page of Irrevocable General Power of Attorney dated 7.02.2011 [See page 35 of the Court file]. Likewise, the alleged Sub-Power of Attorney dated 30.06.2017 [filed by Mehrunnisa along with a statement dated 16.01.2018 and available at pages 81 to 85 of the Court file], claimed to be executed by the said Khadija in favour of Mrs. Mehrunnisa wife of Mukraam Mafooz. The later, it is needless to say, is also counsel for the Petitioner viz. Khadija. It is worth to note, that in the said Sub-Power of Attorney dated 30.06.2017, the residence of Khadija has been given as 14413 SW 109th Street, Miami, FL 33186, USA. This sub-Power of Attorney also does bear any attestation by the Embassy of Pakistan or concerned Consulate in USA. Moreover, it also does not bear any signature of the executant Khadija on the first page of so-called Sub-Power of Attorney dated 30.06.2011. which have been filled-up with ink pen. Besides, the alleged signature of Khadija on page 2 of such Sub-Power of Attorney dated 30.06.2017, also does not tally with signature of Mst. Khadija, appearing on the IRREVOCABLE GENERAL POWER OF ATTORNEY dated 17.12.2016: stated to be executed by her 4 children who since long are residing in USA. The Sub-Power of Attorney apart from the above, has not been authenticated/ attested/endorsed by the High Commission of Pakistan in USA or Consulate in USA. In view of this position, as well, IRREVOCABLE GENERAL POWER OF ATTORNEY dated 17.12.2016 is worthless document.
19. At this juncture, we would like to refer to and reproduce herein, the opening paragraphs and paragraphs 3 and 4 of Sub-Power of Attorney dated 30.06.2017 herein-below:-
That 1, KHADIJA HAROON (AKA KHADIJA ANDHA), Muslim, adult, holder of CNIC No.42201-1588309-4, resident of 14413 SW 109 St Miani, FL 331 86, USA, do hereby appoint and constitute MRS. MEHRUNISA Wife of Mukkaram Mehfooz, daughter of Haroon, Muslim, adult, holder of CNIC No.42201-8448783-4 resident of Plot Nos.442, 405, Senani Centre, KCHS, Karachi to be my true and lawful attorney in my name, on my behalf and cause to be done act, deeds, things, matters, execute and exercise the following powers on my behalf.
3. To execute the personal bond/surety and withdraw the surety on my behalf and to collect the letter of Administration/order from the competent courts of law on my behalf and also engage my advocate on my behalf.
4. To submit application, undertaking, affidavit and other documents etc. etc. in respect of the above said property and also sign the Deed of Relinquishment on my behalf [Emphasis supplied].
20. Muhammad Amin son of Haroon Yousuf, who as per the aforesaid GENERAL POWER OF ATTORNEY dated 7.02.2011' [Annexure 'E' at pages 33 to 39 of the Court's file], signed by Khadija for herself and as an attorney of Muhammad Amin, in favour of Mehrunnisa, was co-owner of Flat No.406, on the 4th Floor, situated at 7/8 OSCH Society, has died long ago in USA on 14.01.2015. On his death, the aforesaid Power of Attorney apparently has been rendered as in-effective.
21. Like-wise, the 2nd so-called Sub-Power of Attorney dated 30.06.2017, mentions the address of the executant viz. Khadija at USA i.e. 14413 SW 109th Street, Miami, FL 33186, USA, but neither, its' first page bears any signature of Khadija nor otherwise, it has been duly attested/endorsed by the Embassy of Pakistan or the concerned Consulate in USA. In fact, in this view of the matter as well, both General Power of Attorney dated 07.02.2011 [Pages 33 to 39 of the Court file] and Sub-Power of Attorney dated 30.06.2017 [Pages 83 to 85 of the Court file] seem worthless documents, as the same, besides bad for other flaws have not been registered, though these documents inter alia contain the power of sale and of executing RELINQUISHMENT DEED etc. etc.
22. No doubt, under law, an advocate/Vakeel can become an attorney for appearance, application or to act in or to any Court and this position is quite clear from Order III, Rule 1, C.P.C. Being relevant Order III Rule 1 of the Civil Procedure Code is reproduced hereinbelow:-
"I. Appearances, etc., may be In person, by recognized agent or by pleader.--Any appearance, application or act in or to any court, required or authorised by law to be made or done by a party in such court, may, except where otherwise expressly provided by any law for the time being in force, be made or done by the party in person, or by his recognized agent, or by a pleader appearing, applying or acting, as the case may be, on his behalf.
Provided that any such appearance shall, if the court so directs, be made by the party in person."
23. However, one legally cannot enjoy dual status as of an advocate and attorney at the same time obviously, for the reason that no one can appoint himself to re-present himself because, it sounds absurd and against the definition of pleader as per Section 2(15) of the Civil Procedure Code, 1908. Being relevant Section 2(15) C.P.C. is reproduced herein-below:
Section 2(15).C.P.C.
"Pleader" means any person entitled to appear and plead for another in Court and includes an advocate, a vakil and an attorney of a High Court."
24. From the above definition, it is quite clear that a pleader is only entitled to appear for another and not for himself as under the code of ethics, an advocate is usually not supposed to file an affidavit in support of an interlocutory application or otherwise, give evidence in this regard reference can be placed on the case of FARIDULLAH KHAN v. MASOOD ASGHAR MIAN [2017 CLC 1736] wherein, it was observed as follow:--
"...if one wants to represent his/her client as 'advocate' then he (Advocate) is not legally entitled to examine himself in place of his part (client) because for such purpose he shall have to unclothe his status as 'advocate' and shall have to clothe with 'attorney/authorized agent'. The legal position shall stand clear from a reference to Order III, Rule 4(1) of the Code which reads as:
"No pleader shall act for any person unless he has been appointed for the purpose by such a document in writing signed by such person or by his agent or by some other person duly authorised by power of attorney to make such appointment. "emphasis supplied).
25. Needless to say, the main purpose of a 'Letter of Administration' is the change of title of the subject matter; in favour of all the legal heirs. Since, in the case in hand, all the legal heirs including the Petitioner are living in USA, therefore, the learned Addl. District and Sessions Judge-VIII, Karachi, East, with a view to safeguard the interest of all the legal heirs, seems absolutely right in dismissing the application through the impugned order.
26. Mr. Ghulam Shabbir Shah, learned Addl. Advocate General Sindh, on the other hand, submitted that the interest of all the legal heirs, who are presently abroad, in any event, needs to be safeguarded in the light of record. Per Mr. Ghulam Shabbir Shah, in the absence of any valid and enforceable document from the legal heirs living abroad. [USA] no any order can be passed which otherwise is not permissible or there is apprehension of causing injury to the interest of all legal heirs.
27. For and in view of all the above, on the basis of the aforesaid General Power of Attorney [Annexure 'E' pages 33 to 39 of the Court file] and Sub-Power of Attorney [Pages 83 to 85 of the court file], the so-called General Attorney/Sub-Attorney cannot be allowed to act there-under, as the said two documents, beside worthless, selves-conflicting are selves-destructive.
28. Resultantly, the instant petition, being devoid of any merits, is hereby dismissed at Katcha Peshi stage, however, with no order as to costs.
ZC/K-4/Sindh Petition dismissed
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