4 days ago
Special attorney not liable for acts performed on behalf of principal: LHC
LAHORE: The court held that a special attorney functions as an agent and he is not personally liable for acts performed on behalf of the principal.
The court restrained the respondents from recovering the decretal amount from the petitioner Abdul Razzaq, or from attaching the petitioner's immovable property, merely on account of his status as the special attorney of the principal.
The court; therefore, directed the respondent authorities to initiate and conclude recovery proceedings against the judgment-debtor Abdul Khaliq within three months.
LHC explains what actually constitutes power of attorney
The court observed that the responsibility of the attorney and surety with the judgment-debtor is coextensive with that of the judgment-debtor. The court said the liability of a special attorney in execution proceedings must be determined with reference to the specific contents and scope of the power of attorney executed in his favour.
The court observed that a power of attorney must be construed strictly, and only those acts, duties, and obligations that are expressly conferred upon the attorney may be lawfully performed by him.
The court said that no implied or assumed obligation can be fastened upon an agent beyond what has been clearly and expressly delegated. It observed that in the present case, the petitioner, acting as a special attorney, neither made any substantive commitment to satisfy the decree nor exceeded the scope of authority conferred by the power of attorney; therefore, no coercive action can lawfully be directed against him, the court added.
The court said doing so would amount to an excess of jurisdiction and a violation of the fundamental principle that delegated authority does not create personal liability unless expressly undertaken.
The court; therefore, held that the impugned actions of the respondents in proceedings against the petitioner who is not the judgment-debtor are ultra vires, without lawful authority, and contrary to settled legal norms.
The court said if the judgment-debtor is residing abroad or is otherwise avoiding execution, the proper legal recourse lies under the West Pakistan Family Courts Act, 1964, which permits the recovery of the decretal amount as arrears of land revenue.
Copyright Business Recorder, 2025
