ZAKIUDDIN PAL, J.-L. P. A. No, 214 of 1970 was disposed" of as having been withdrawn on the basis of the compromise between the parties on 17th of December, 1979 when Sardar A. Khaid, Advocate, learned counsel for the appellants (legal heirs of Fazal Ahmad) made statement to that effect. The present review application has been filed mainly on the ground that since the aforesaid counsel was not authorised to make statement in that behalf therefore the appeal could not be dismissed as withdrawn.
' It is interesting to notice that except Abdullah none has appeared to pursue the review application. It means that they have accepted the order dated 17th of December, 1979 disposing of the appeal as withdrawn.
2. After the death of Fazal Ahmad, appellant, C. M. No, 5 of 1977 was filed for bringing on record his legal heirs Abdullah being one of them. Necessary order in that behalf was passed on 1st of November, 1979. We have seen the original Wakalatnama which is available on the file. Abdullah is one of the signatories to the same. This Wakalatnama was executed in favour of Sardar A. Khalid, Advocate, who has signed it as having accepted the same. According to the terms and conditions of the Wakalatnama Sardar A. Khalid, Advocate, learned B counsel was authorised to make any statement to entrust the matter to arbitration and even compromise the same by making statement in the Court.
3. It is contended that since Sardar A. Khalid, Advocate, learned counsel for the appellants made statement under the instructions of one of the appellants namely ; Abdul Ghafoor, therefore, his statement being not competent no order for withdrawal of the appeal could be passed. We are afraid this contention has no force.
' We have seen the original C. M. 8 of 1979. There is no doubt that one of the appellants namely ; Abdul Ghafoor signed the same but the fact remains that it has not been filed only on his behalf.
Sardar A. Khalid, Advocate has signed the aforesaid civil miscellaneous on behalf of all the appellants. It is admitted on record that Abdullah had not revoked his power of attorney already executed by him in favour of Sarda , A. Khalid. This power of attorney subsisted till 17th of December, 197 -I when the necessary order for disposal of the appeal was made. That being so Sardar A.
Khalid, Advocate was competent to make such statement for the withdrawal of the appeal.
4. Sardar A. Khalid, Advocate, learned counsel for the appellants being authorised to make such statement the order dated 17th of December, 1979 was validly passed.
' In the circumstances there being no force in the civil miscellaneous applications as well as in the review application the same are hereby dismissed.