Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: REHMATULLAH VS Respondent: NISAR AHMADHonorable Justice MUHAMMAD YAQUB ALI
1976 S C M R 289
1976 S C M R 289
Present : Muhammad Yaqub Ali, C. J., Salahuddin Ahmed and Muhammad Gul, JJ
REHMATULLAH‑--Appellant
Versus
NISAR AHMAD AND OTHERS --‑Respondents
Civil Appeal No. 102 of 1970, decided on 12th December 1976.
(On appeal from, the judgment and order of the High Court Lahore, dated 25‑1‑1968, in Writ Petition No. 610 of 1960).
Appeal‑--
----Adjournment‑‑Telegraphic request by appellant's counsel for adjournment of appeal on ground of counsel being required to appear in his personal case in another district‑No justification for absence of Advocate‑on.‑record‑No work left for Court to be occupied‑No option but to dismiss appeal for non‑prosecution. [Adjournment].
Nemo for Appellant.
Masood Akhtar, Advocate‑on‑Record for Respondent No. 1.
Respondents Nos. 2 and 3 : Ex parte.
Date of hearing : 12th December 1975.
JUDGMENT
MUHAMMAD YAQUB ALI, C. J.‑‑‑‑Mr. Fazal‑i‑Mahmood, counsel for the appellant, has sent a telegraphic request for adjournment to the second Bench, before which he had to appear in another case. It is stated in the telegram that Mr. Fazal‑i‑Mahmood, has o appear at Lahore in a personal case.
Whatever be the reason for which Mr. Fazal‑i‑Mahmood is absent, we see no justification for the absence of the Advocate‑on‑Record for the appellant As observed in the order we have passed today in Civil Appeal No. 99 of 1970, only three appeals were fixed for today, but none of them could be heard as counsel for the appellants were absent. Consequent upon it there is not work to keep the Court occupied for the today. As this is a sad state of affairs we have no option, but to dismiss this appeal for non‑prosecution. There will be no order as to costs.
Appeal dismissed.