Case Details

Citation(s)
1976 SLG 322 1976 SLD 322 1976 SCMR 399
Supreme Court of Pakistan
Civil Petition for special Leave to Appeal No. 126 of 1974, decision dated: 19th November 1975
MUHAMMAD YAQUB ALI, C.J. AND MUHAMMAD GUL, J
A. R. Shaukat, Senior Advocate Supreme Court instructed by Kh. Wali Muhammad, Advocate-on-Record for Petitioners. Nemo for
Respondents

CHIRAGH DIN AND 4 others

VS

Mst. JANAT BIBI AND 4 others

Law:

Section:

(a) Practice and procedure---- -- Duty of counsel and litigants-Counsel and Advocate-on-Record filing affidavits stating to have suddenly fallen ill-No--reason to doubt such statement but Advocate-on-Record much less petitioners not absolved of their obligation to appear-Advocate-on-Record falling ill a day earlier but not arranging to inform Court in tine, petitioners filing no affidavit of their own, application liable to the dismissal-Briefing Advocate-on- Record-Does not absolve parties of their obligation to appear and to ensure proper conduct of case. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)- -- S. 1(4) & Sched.- Divisibility of evacuee house-Not open to question in writ jurisdiction -[Writ]. JUDGMENT MUHAMMAD GUL, J. This is a miscellaneous application for Use restoration of CPSLA No. 126 of 1974 which was dismissed on the 28th June 1974 for non-prosecution. Restoration of the petition is sought on the ground that on that date the A. O. R. and counsel engaged to appear in the case were bona taken However, the application was neither supported by an affidavit nor medical certificate. Therefore, on a request by counsel the consideration of the application was adjourned on the 28th .July. 1974 to enable him to file an affidavit or a medical certificate. Learned counsel and A.O.R for the petitioners have both filed affidavits to say that they were suddenly taken ill on…
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