| Citation(s) |
|---|
| 1994 SLG 663 1994 SLD 663 1994 SCMR 720 |
Supreme Court of Pakistan
Civil Miscellaneous Petition No. 395 of 1993 in Civil Review Petition No. 70-L of 1992, heard on 12-01-1994
NASIM HASAN SHAH, C.J., SAEEDUZZAMAN SIDDIQUI AND FAZAL ILAHI KHAN, JJ.
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Civil Miscellaneous Petition No. 395 of 1993 in Civil Review Petition No. 70-L of 1992, heard on 12-01-1994
NASIM HASAN SHAH, C.J., SAEEDUZZAMAN SIDDIQUI AND FAZAL ILAHI KHAN, JJ.
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Mst. SHUKARIA PERVEEN
THE CUSTODIAN and others
Law:
Section:
Supreme Court Rules, 1980--O. XVI, R. 6---Restoration of review petition dismissed for non-prosecution--- Advocate-on-Record though made request for adjournment of case yet without waiting for orders passed on the application for adjournment, absenting himself on the date of hearing---Advocate-on-Record was under wrong notion to assume that when counsel for both parties agree on adjournment, case would stand automatically adjourned---Held, until the Court had accepted such request and granted adjournment prayed for, parties were bound to appear before the Court on the date fixed---Request for adjournment having not been accepted, parties were not absolved from appearing in Court on fixed date---No one being present on behalf of petitioner while counsel for respondent was present, case was rightly dismissed for non-prosecution---No sufficient grounds for restoration of review application having been made out same was not restored. ORDER NASIM HASAN SHAH, CJ. ---This is a petition seeking restoration of the Review Petition (C.R.P. 70/L/92) filed by the petitioner, which was dismissed for non- prosecution vide order dated 24-10-1993. 2. In support of the Review Petition it is submitted that Khwaja Mushtaq Ahmad, Advocate-on-Record for the petitioner in Civil Review Petition No. 71-L of 1992 (Haji Muhammad Saleem etc. v. Mst. Maryam Bibi etc.) which was fixed alongwith the present Review Petition, for 24-10-1993, applied for adjournment of the case. It is further alleged that the Advocate-on-Record alongwith other Advocate-on-Record gave his consent to the adjournment, on Thursday, 21-10-1993. The next day being Friday the A.O.R. for petitioner enquired from Khawaja Mushtaq Ahmad Advocate-on-Record on Saturday (23-10-1993) as to whether the cases had been adjourned or not on his request. Khawaja Mushtaq Ahmad informed the petitioner that according to a message received from Islamabad, the case had been adjourned. Accordingly neither counsel nor the A.O.R. of the petitioner put up appearance before this Court. In…
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