1. ' MRS. SYEDA TAHIRA SAFDAR, J.---Instant petition has been filed by the petitioner with contention that the suit filed by him seeking damages to the tune of Rs,10,000,000 against the respondent on ground that he had filed a suit for damages of Rs,25000 on false and fabricated grounds against him (petitioner), which was contested, while dismissed by the trial court through judgment made on 30-12-2006, due to the same his reputation and repute was seriously and adversely affected, thus he became entitled for damages. The suit was contested by the respondent, while along with written statement an application was also filed; wherein it was contended that no valid power of attorney exists in favour of Asghar Ali. The trial court while allowing the application dismissed the suit through order dated 18-12-2008. The petitioner sought setting aside of this order being contrary to law and facts, without appreciating the factual position, no opportunity of hearing was given. He prayed for remand of the case for deciding the matter on merits.
2. ' During stage of katcha peshi the counsel for the petitioner was put on notice to address the point that whether any appeal lies from the impugned order in order to attract section 115, C.P.C. Learned counsel for the petitioner has relied on subsection (2) of section 115, C.P.C. And asserted that the order impugned in present petition does not come within purview of term case decided. As the case is not decided on merits, therefore, present revision petition is maintainable. He relied on judgment of Honourable Supreme Court reported in 2006 SCM R 21.
3. ' Through instant petition the petitioner has challenged the order dated 18-12-2008, whereby the trial court i,e, Civil Judge-I, Quetta, dismissed the suit filed by the petitioner being filed by the so- called attorney Asghar Ali without authority and with fraud with costs of Rs,20,000 to the Attorney Asghar Ali, with further direction of lodging of criminal case against him (Asghar Ali).
4. ' Before dilating on the point/question of maintainability of present petition as framed on 2-9-2009 by this court, it is noticed that the present revision petition is also filed by said Asghar Ali in capacity of attorney of petitioner Liaquat Ali. The petition, accompanying affidavit and Vakalat Nama are also signed by the said Attorney. A photocopy of Special Power of Attorney is also filed along with the petition. The perusal of the same reveals that the petitioner Liaquat Ali empowers Asghar Ali to act as his Special Attorney in respect of case filed by Ashfaq Ahmed (respondent) for recovery of Rs,25000 against him. This power of attorney is attested by Notary Public, which bears date 26-11- 2006 and further attested by Oath Commissioner bearing date 24-7-2006. This power of attorney is not challenged by any one during course of trial of mentioned case. Rather the authority of said Asghar Ali was only disputed when a suit for recovery of Rs,10,000,000 as damages was filed by him on behalf of Liaquat Ali against the respondent. The perusal of impugned order reveals that an inquiry was conducted by the trial court to ascertain the fact that what is the mental and physical condition of the petitioner/ plaintiff. Report of M.S. District Headquarter Hospital, Dera Allah Yar was called by the trial court, which. Was received. While statement of petitioner/plaintiff was got recorded through Tehsildar Dhadar. It is further apparent from the impugned order that despite giving several opportunities the attorney namely Asghar Ali failed to produce power of attorney executed in his favour by Liaquat Ali before the trial Court in respect of said case. At present too, the instant petition has been filed before this court by the same person namely Asghar Ali claiming himself to be attorney of the petitioner. He along with the petition filed copy of power of attorney, though issued by the petitioner in his favour, but as mentioned above the same does not pertains to the case in hand. The attorney and the counsel for the petitioner tried to mislead this court also, by placing the document i,e, power of attorney on record, which is not relevant in present case, which is highly objectionable.
5. ' Without touching merits of the case, as the present petition has been filed by a person having no valid or legal authority vested in him for filing the present petition on behalf of petitioner Liaquat Ali, therefore, the revision petition is dismissed being not maintainable.