Law:

Section:

Constitution of Pakistan (1973)---Art. 199 read with Civil Procedure Code (V of 1908), O. XVII; r. 3-Writ petition-Dismissal for default-Restoration-Proceedings under Art. 199 of Constitution involving determination of substantial questions of law relating to conduct of public authorities not to be decided on pleadings necessarily-Desirable and at times necessary in circumstances to hear arguments at length-Parties seeking intervention of Court failing to address arguments Court, held, justified in refusing to undertake exercise unassisted and in absence of counsel of petitioners dismissal of petition justified. Hussain Bakhsh v. Settlement Commissioner, Rawalpindi P L D 1970 S C 1 and Seth Shivrattan G. Mohatta and another v. Messrs Muhammad! Steamship Co. Ltd. P L D 1965 S C 669 ref. ORDER SHAFI-UR-REHMAN, J.-The petitioners seek leave' to appeal against as order of the Lahore High Court dated 16-3-1981 whereby the learned Judge declined to restore a writ petition earlier dismissed on 28-2-1981 for non-prosecution. 2. The petitioners had filed a constitutional petition in the High Court. After getting parawise comments it was admitted to regular hearing. On 28-2-1981 when the matter came up for hearing the following order was recorded for dismissing it for non-prosecution : 28-2-1981. Mr. Ali Ahmad Awan, Advocate for respondents. "Mr. Abul Asim Jafferi, Advocate appears to make a request for adjournment. As an adjournment 'had been granted to the learned counsel on the last date on clear understanding in writing that no further adjournment shall be allowed I am not in a position to allow this request. The learned counsel should not have absented himself like that. This petition is consequently dismissed for non-prosecution." 3. Soon thereafter an application was made for getting the constitutional petition restored. That matter was disposed of with the following orders . "It is contended by the learned counsel that as he was busy elsewhere out of Lahore and as he did not know that the case had been adjourned on previous two dates with a warning that no further adjournment shall be allowed he is not at fault. I am sorry I cannot accept that contention. This…

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