| Citation(s) |
|---|
| 1993 SLG 808 1993 SLD 808 1993 SCMR 1884 |
Supreme Court of Pakistan
Civil Appeals Nos. 934 and 935 of 1990, decision dated: 7-11-1992
SHAFIUR REHMAN, SAAD SAOOD, JAN AND AJMAL MIAN, JJ
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Civil Appeals Nos. 934 and 935 of 1990, decision dated: 7-11-1992
SHAFIUR REHMAN, SAAD SAOOD, JAN AND AJMAL MIAN, JJ
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ABDULLAH (Deceased) through Legal Heir and others
Mst. RASOOL BEGUM and others
Law:
Section:
(a) Constitution of Pakistan (1973)--Art. 185 (3)---High Court (Lahore) Rules and Orders, Vo1.V, Chap. 3, R.8---Leave to appeal was granted to consider, whether personal notice to appear was necessary to appellants' counsel who was practising outside Lahore. (b) High Court (Lahore) Rules and Orders--- ---- Vol. V, Chap. 3, R.8---Parties or their counsel or agents were required to attend Court on the day or days for which their cases were set down, and on subsequent days until their cases were disposed of or postponed---Mode of intimation to those parties who were not represented by counsel, and fixation of cases in which counsel did not ordinarily reside in Lahore stated. High Court (Lahore) Rules and Orders, Vol. V, Chapter 3, Rule 8, indicates that the parties and their Advocates, Vakils, Mukhtars or Agents were required to attend the Court on the day or days for which their cases were set down, and on subsequent days until their cases were disposed of or postponed. The first proviso to the above Rule contemplates that intimation of pacca date fixed in a case would be sent by registered post card (A.D) to such parties as were not represented by counsel at the address referred to in the said proviso. The second proviso deals with the fixation of a case in which an Advocate does not ordinarily resides in Lahore and it provides that the Deputy Registrar may fix an actual date if such Advocate puts in a written request for that sufficiently in advance to give the other party or parties at least ten days' notice or a written request accompanied by the consent of the opposite counsel in the case. Such date would not be altered except by an order of the Bench concerned or of the first Division Motion Bench if the case was not listed before a particular Bench. Strictly speaking, the provisos to the above Rule were not applicable to the cases which were not listed for pacca hearing. (c) Constitution of Pakistan (1973)--- ----Art. 199---High Court Rules and Orders, Vo1.V, Chap. III, R.8--Restoration of Constitutional petitions which were dismissed in default--Constitutional petitions having not been admitted to regular hearing, appellants and their counsel were…
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