Law:

Section:

Supreme Court Rules, 1980------ O. XV, RA & O. XIX, R . 2 --- Constitution of Pakistan (1973), Art.185---Civil Procedure Code (V of 1908), O.XLI, Rr.11 & 17 --- Appeal---Seeking adjournments and showing of no live interest for prosecution of appeal by counsel or lack of preparation on their part --- Effect --- Supreme Court, held, would treat such like cases as examples of lack of diligence and glaring non-prosecution and appeal could be dismissed for non-prosecution.--[Supreme Court--Practice and procedure-adjournment]. Supreme Court pointed out that seeking of adjournment in the Court of apex was treated so casual by the parties, the A.O.Rs. and some times the counsel as well; as if, it was a trial Court. Though in the lower Courts also such a practice should be deprecated but the case with regard to Supreme Court was different. Here the system was almost foolproof. The importance which naturally was attachable to a verdict at the apex could not permit either casualness or lethargy what to talk of negligence. The performance of the Court had suffered immensely on this and such like other practices which would be considered unimaginable in the Courts of apex in some of the civilized countries. Accordingly, in order to save litigants from torture of delays particularly those through adjournments sought by their counsel or due to lack of preparation, it was decided to treat such like cases as examples of lack of diligence and glaring non-prosecution. No live interest having been shown for the prosecution of appeals for disposal they were dismissed for non-prosecution. However, as public revenues were involved in the case and public exchequer belonging to the innocent citizens was involved, it was left open for the appellants to seek revival if so advised and if the subject-matter of these appeals was still alive-, after the passage of nearly two decades from the time when the matter was brought before the High Court in its Writ jurisdiction. JUDGMENT MUHAMMAD AFZAL ZULLAH, CJ.--These cases are very old. In fact the petitions were filed in 1975 while the leave to appeal was granted in 1980. On the directions of the Chief Justice the office has for some…

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