| Citation(s) |
|---|
| 1990 SLG 1231 1990 SLD 1231 1990 PLD 14 |
Lahore High Court
Civil Revision No. 1419 of 1989, decided on 26th September, 1989
AMJAD KHAN, J
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Civil Revision No. 1419 of 1989, decided on 26th September, 1989
AMJAD KHAN, J
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SARDAR ALI alias Dara
VS
Mst. SAKEENA BIBI and another--Respondents
Law:
Section:
(a) Civil Procedure Code (V of 1908)-- ---OXVII, R.1---Adjournment---Counsel's absence on account of being out of station in connection with his professional engagement is not a valid ground for adjournment of case---Counsel are expected to make suitable arrangements for conduct of cases during their absence in situations resulting from clash of engagements---Plea of adjournment on account of counsel's absence being out of station was not acceded to and adjournment declined. (b) Civil Procedure Code (V of 1908)-- ---O.XXI, R. 58 & S. 115---Objection to attachment in execution---Application by -debtor's father that the articles attached in execution of decree belonged to him, was not supported by evidence documentary or oral, with regard to ownership of attached properties---Objector had thus falsely set up claim to attached properties on account only of his love for his son---No error of law or jurisdiction having been committed by the Courts below in repelling objector's claim with regard to the attached property, which he should have substantiated by producing some documentary evidence 'at the very first opportunity for to make out some case for inquiry---Objector's failure to do so gave no occasion for his claim being inquired into under OXXI, R. 58, C.P.C.---Revision being devoid of merit was dismissed in circumstances, ORDER This case came up before me on the 20th and after hearing the petitioner's counsel, executing Court was required to cause the relevant file, to be produced in this Court today through a special messenger because otherwise adjournment for more than a month would have had to be made. Record has been brought but the petitioner's counsel has not appeared. Petitioner is desirous of the consideration of his case being put off for the reason that his counsel has left for Rawalpindi to attend to his cases Fixed in the Supreme Court. I do not consider this to, per se, be a valid ground for adjournment because this Court cannot stop functioning during the absence out of station of its Advocates in connection with their professional engagements before the Supreme Court or the Benches because this is quite a frequent happening in about 2/3rds…
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