Law:

Section:

Supreme Court Rules, 1980-------O. IV, R.2 & O. XXXIII, R.6---Appeal, restoration of---Absence of Advocate-on-Record, his explanation being that he was busy before another Bench of the Court---Non-filing of affidavit by counsel---Advocate-on-Record did not offer any satisfactory explanation or his absence from Supreme Court, did not give particulars of the case in which he was busy before another Bench of Supreme Court---Advocate­on-Record had placed on record his affidavit in support of the contents of the application for restoration of the appeal---Neither the Advocate-on-Record turned up throughout the day nor the Advocate of Supreme Court placed on record his own affidavit in support of the ground taken for restoration of the appeal---Validity---Mere placing on record photostat copy of airline ticket would not be sufficient to recall the order of the dismissal of appeal for non-prosecution---Although the personal appearance of appellant was not required yet in such circumstances the absence of appellant would not be justified---Advocate-on-Record even in presence of the counsel, who was engaged to conduct the case, was supposed to remain present in Court during the hearing of the case in terms of O.IV, R.2 of Supreme Court Rules, 1980---Supreme Court declined to restore the appeal---Application was dismissed. Habib Al-Wahab Alkhairi v. Commissioner, Rawalpindi Division PLD 1992 SC 587 ref. Ali Sibtain Fazli, Advocate Supreme Court with M.A. Zahid, Advocate-on-Record for Petitioner. Respondents: Ex parse. Date of hearing: 4th April, 2003. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.--- The Civil Appeal No.1153 of 1997 was dismissed for non-prosecution on 24-10-2002. This civil miscellaneous application under Order XXXIII, Rule 6 of the Supreme Court Rules 1980 has been moved for restoration of Civil Appeal mainly on he ground that the learned counsel had to travel by morning flight from Lahore to Islamabad to appear before this Court but unfortunately he missed the flight and in support thereof placed on record photostat copy of the travelling ticket of PIA for the said date. The learned counsel added that his junior colleague Mr. Nasar Ahmed, Advocate, was…

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