Law:

Section:

(a) Supreme Court Rules, 1956---O. XXVI, rr. 5 & 6--Review-Petition seeking review of adjourned at petitioner's request and petitioner' warned that no further adjournment will be given--Petitioner appearing on adjourned date but his, counsel absent-No explanation given for failure to produce Advocate but petitioner advancing some arguments showing lack of appreciation of relevant rules rind trying to argue review application as if it were a rehearing of appeal Petitioner's conduct, held, confirmed view that provisions- of r. 5 of O. XXVI be not relaxed--­[Adjournment] (b) Supreme Court Rules, 1956- ----O. XXVI, rr. 1 & 2 - Review-Cannot be sought on a plea available to petitioner but not advanced by him at relevant time. (c) Supreme Court Rules, 1956- ----O. XXVI---Review - Word "review" in reported as P L D 1980 S C 283-Used in its generic sense---Word "review" in O. XXVI, on other hand, used in a very different sense-[Words and phrases]. N. J. Silk Industries v. Presiding Officer, IVth Sind Labour Court P L D 1980 S C 283 distinguished ORDER DORAB PATEL, J.-We had dismissed the petitioner's appeal on the 11th of May, 1980, after examining the submissions of the petitioner's learned counsel. And, by this application, the petitioner seeks a review of our judgment dismissing his appeal. When this application had come up for hearing before us on the 26th of November, 1980, we had adjourned it with the following observations.- "The petition cannot be heard as the petitioner's Advocate is not present. We have adjourned the petition at the petitioner's request, but we have warned him that no further adjournment will be given." We had passed this order, because it would be against the practice of this Court to relax the provisions of Order XXVI, rule 5, therefore, we enquired, from the petitioner why his Advocate was absent despite our order of 26th November, 1980. The petitioner did not give any explanation for his failure to produce his Advocate and instead, he advanced. some arguments to which we will refer because the petitioner's conduct confirms us in our view that the provisions of rule 5 of Order XXVI, should not be relaxed. Now, it is settled law…

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