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Constitution of Pakistan (1973)-------Art. 185(3)--Civil Procedure Code (V of 1908), O.XLI, r.19-­Re-admission of appeal dismissed for non-prosecution--Counsel's non­appearance due to illness and non-receiving of notice of hearing--Plea rejected by High Court on ground that there was no justification for non-attendance of counsel or client--No steps were taken for adjournment of case if counsel was ill--Non-prosecution of appeal on basis of counsel being not member of High Court Bar Association was considered unjustified and rejected by High Court--Supreme Court agreeing with findings of High Court, refused leave to appeal. M.M.K.A. Zai, Advocate Supreme Court with Faizanul Haq, Advocate-on-Record (absent) for Petitioners. Nemo for Respondent. Date of hearing: 2nd December, 1984. JUDGMENT ABDUL KADIR SHAIKH, J.--This is a petition for leave to appeal from the order of Sind High Court, dated 30-9-1984 dismissing petitioner's' application under Order XLI, rule 19 of Code of Civil Procedure for readmission of the appeal filed by him which was dismissed by the High Court on 7-5-1981. On that day, neither the petitioner nor his counsel was present when the appeal was called out for hearing, and it was, therefore, dismissed for non-prosecution. The plea taken in support of the application for readmission of the appeal was that the learned counsel Mr. Hashmat Ali Habib, who was appearing for the petitioner before the High Court was unable to attend due to illness, and he had no notice of the hearing fixed for 7-5-1981 as he was not a member of the High Court Bar Association and as such he does not receive the cause list of the cases before the High Court. The High Court rejected these pleas for the reasons which may be reproduced hereunder: "These grounds are not enough to justify non-attendance of the counsel and/or his client. It is the duty of the counsel to see that proper steps are taken to seek adjournment if he falls ill. An application could be sent by the counsel for adjournment on the ground of ill-health and the party can also be sent to attend on the date of hearing and apply for adjournment if his counsel was unable to attend. If the counsel…

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