Law:

Section:

(a) Constitution of Pakistan (1973)-­--- Art. 188 --- Civil Procedure Code (V of 1908), O.XLVII, R.7(2) --- Supreme Court Rules, 1980. XXVI, R. I --- Application for restoration of review Petition dismissed for non-prosecution --- Non-prosecution is not constituted merely by failure to appear but also by such acts of omission or commission on account of which the further progress of the hearing of the matter in Supreme Court is thwarted --- Repeated requests for adjournments would also fall in the scope of non-prosecution or failure to prosecute when it is demand of justice that it should not be delayed.--[Adjournment]. The absence of the Advocate cannot be treated as in aid of the progress of the proceedings in the matter. On the contrary the progress of the proceedings was hindered by the absence of every body concerned, therefore, for this reason also the matter was rightly considered as one of non-prosecution. Non ­prosecution is not constituted merely by failure to appear but also by such acts of omission or commission on account of which the further progress of the hearing of the matter in the Supreme Court is thwarted. Depending upon the circumstances of each case repeated requests for adjournments would also fall in the scope of non-prosecution or failure to prosecute when it is demand of justice that it should not be delayed. (b) Constitution of Pakistan (1973)-- --- Art. 188 --- Civil Procedure Code (V of 1908), OXLVII, R.7(2) --- Supreme Court Rules, 1980, O. XXVI, R. 1 --- Application for restoration of review petition dismissed for non-prosecution --- Excuse that Advocate had no telephonic connection, therefore, he could not be intimated about the case being most extraordinary ground advanced in the application for restoration was not accepted by the Supreme Court. (c) Constitution of Pakistan (1973)-- --- Art. 188 --- Civil Procedure Code (V of 1908). OXLVII, R.7(2) --- Supreme Court Rules, 1980, O. XXVI, R. I --- Advocates of Supreme Court having their offices at Mufassils, away from Registries of Supreme Court to have adequate arrangements for keeping themselves aware of day-to-day progress of hearing of the case in Supreme Court --- Necessity…

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