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Petitioner: TARIQ MANZOOR VS Respondent: ABDUL AZIZ And Other
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Shafi-ur-Rehman Title: TARIQ MANZOOR vs ABDUL AZIZ And Other Case No.:Civil Petition for Special Leave to Appeal No. 1143 of 1983 Civil Revision No.
848 of 1982 Date of Judgment:1986-07-29 Reported As: 1986 SCMR 1688 Result: Petition dismissed Judgment ORDER MUHAMMAD AFZAL ZULLAH, J.--This petition for leave to appeal is directed against judgment, dated 29th of May, 1983, of the High Court; whereby an application made by the petitioner for restoration of his civil revision petition which had earlier been dismissed for default, was dismissed. Two grounds were raised before the High Court: One, the main petition was not fixed for hearing for 29th of May, 1983, when it was dismissed for non-prosecution; and two, that the learned counsel for the petitioner had made an application for general adjournment which could not be put up before the Court on account of manoeuvring by the ministerial staff at the instance of the other party. Both the contentions were found incorrect. The application for restoration of the revision was accordingly dismissed. Learned counsel for the petitioner has not been unable to controvert the position that there was no factual basis for the contentions raised before the High Court. He, however, raised a new point, namely, that a request for adjournment made by the sister of the petitioner on 23rd May, 1983, when the Revision Petition was dismissed for non-prosecution, was rejected on extraneous consideration that earlier too the petitioner-side had been absenting themselves. We do not agree with the learned counsel that it was an extraneous consideration for the Court to note the conduct of a party or their counsel when granting or refusing a request for adjournment. No ground has been made out for interference. Leave to appeal accordingly, is refused.