Law:

Section:

Civil Procedure Code (V of 1908)--O. XLI, Rr. 17 & 19---Constitution of Pakistan (1973), Art. 185(3)--­Dismissal of appeal for non-prosecution---Re-admission---Application for re­admission of appeal was dismissed for non-prosecution was rejected by High Court holding that appellant/petitioner had committed gross negligence in prosecuting the appeal---Order of High Court not suffering from any illegality, could not be interfered with---Petition, for leave to appeal against order of High Court was dismissed, in circumstances. Furman Ali, v. Muhammad Yousaf Ali and another PLD 1992 SC 330 ref. Ch. Mushtaq Ahmad Khan, Advocate Supreme Court and S. Abul Asim Jafri, Advocate-on-Record for Petitioners. Nemo for Respondents. JUDGMENT MUNIR A. SHEIKH, J.---Leave to appeal is sought against the judgment/order, dated 3-7-1997 of the Lahore High Court through which application filed by the petitioners for readmission of their appeal dismissed for non-prosecution through order, dated 26-2-1997 has been dismissed. 2. The appeal (A.R.S.A. No.380 of 1966) was filed by Ch. Muhammad Rafique Chohan, Advocate on behalf 'of the petitioners. According to the petitioners, their said learned counsel had gone abroad when the appeal was listed for hearing on 24-10-1996 on which date it was adjourned to 27-11-1996, from 27-11-1996, it was adjourned to 26-2-1997 when the same was dismissed for non-prosecution. On all these dates, the name of learned counsel for the petitioners namely Ch. Muhammad Rafique Chohan, Advocate continued to be printed in the cause list. The case of the petitioners was that they engaged Ch. M.Z. Khalil, Advocate on 27-11-1996 but he did not file Wakalatnama in the Court but kept the same with him and appended the same with the application seeking re-admission of the appeal in order to show that he had been sustained on 27-11-1996 by the petitioners as counsel in the appeal, as such non­appearance of their original counsel as also the petitioners was not intentional. The learned Judge in Chamber held that it was case of gross negligence on the part of the petitioners, therefore, the application was dismissed through the, impugned judgment/order, dated…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492