Pre trial through special attorney for all who said that pre trial proceeding can not held through attorney (Mujjan Ali Panhwar)
S. 5, Sched. Ss.10 & 18---Legal Practitioners and Bar Councils Act (XXXV of 1973), S.22---Constitution of Pakistan, Art.199---Constitutional petition---Suit for dissolution of marriage on basis of Khula filed through attorney /mother---Appearance of plaintiff in pre -trial conciliation proceedings through her attorney ---Suit decreed by family Court on failure of conciliation efforts upheld by Appellate Court---Validity---Party could not be deprived of his right to appear and defend suit through his/her attorney as such repre sentation was permitted and recognized by S.22 of Legal Practitioners and Bar Councils Act, 1973 and S.18 of West Pakistan family Courts Act, 1964---Right of a pardahnashin lady under S.18 of West Pakistan family Courts Act, 1964 to appear through a duly authorized agent applicable to a person in general would apply to a party to suit also---pre sence of parties in person in pre -trial conciliation proceedings was not obligatory, thus, their non-pre sence in person would not vitiate proceedings---Defendant, in the pre sent case himself had not participated in such proceedings, thus, he could not object to appearance of plaintiff through her attorney ---High Court dismissed constitutional petition in limine
2011 CLC 1836 SADAM JAVED
Versus JUDGE FAMILY COURT, MIAN CHANNU DISTRICT KHANEWAL
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