Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Constitution of Pakistan--- ----Art. 185(3)---Jurisdiction of the Supreme Court under Article 185(3) of the Constitution to grant leave to appeal---Such jurisdiction is discretionary---Conduct of a petitioner has a substantial bearing on the question of granting or declining such leave to him. Noora v. State PLD 1973 SC 469; Pakistan v. Faizan 1983 SCMR 413; Bilqis v. Fazal 1987 SCMR 1441; Haider v. Manzur 1989 SCMR 1133; Amir v. Dad PLD 1990 SC 1078; State v. Akbar 1992 SCMR 964; Nawaz v. Hameed 1993 SCMR 1902; Seamlen Pipe Industries v. Security Leasing Corporation 2002 SCMR 1419; Sharif v. Hamayun 2003 SCMR 1221; Bank of Punjab v. Shahzad 2006 SCMR 1023; Ilahi v. Altaf 2011 SCMR 513; Ghulam Rasool v. State PLD 2022 SC 806; Tilawatunnisa v. Settlement Commissioner 1978 SCMR 225; Noor Khan v. M.B.R. 1984 SCMR 681; Zahida v. State 1984 SCMR 687; Deen Carpets v. I.T.O. PLD 1989 SC 516; Hassan Bano v. Mumtaz PLD 1989 SC 346; British Biscuits Company v. Atlas Investment Bank 2005 CLD 674; Ali Shan v. Essem Hotel 2007 SCMR 741 and Kamal v. Govt. of N.W.F.P. 2010 SCMR 1377 ref. (b) Civil Procedure Code (V of 1908)--- ----O. XI, R. 21---Party failing to comply with any order to answer interrogatories, or for discovery or inspection of documents---Effect---Conduct of party---Scope---Conduct of a party is material for the purpose of exercising the courts discretion under Rule 21 of Order XI, C.P.C.: the court takes the penal action of dismissing the suit of the plaintiff or striking out the defence of the defendant when the party concerned is guilty of contumacious conduct by disregarding the specific order of the court, for compliance of which the court has granted a reasonable time and a sufficient opportunity---However, it is not only a deliberate failure to comply with a specific order of the court by a party that is regarded as his contumacious conduct but a series of separate inordinate delays caused by him at different stages of the proceedings of the case is also a convincing proof of such conduct. Babbar Sewing Machine Company v. Trilok Nath AIR 1978 SC 1436; U.B.L. v. Yousuf 1988 SCMR 82; Culbert v. Stephen G. Westwell, Co [1993] PIQR 54; Grovit v. Doctor…

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