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Petitioner: MUHAMMAD TASNEEM VS Respondent: CONTROLLER, SECONDARY BOARD OF EDUCATION
Court Name: Supreme Court of Pakistan Judge(s):Mian Burhanuddin Khan, Muhammad Haleem, M. S. H. Qureshi, Shafi-ur-
Rehman Title: MUHAMMAD TASNEEM vs CONTROLLER, SECONDARY BOARD OF EDUCATION Case No.: Civil Miscellaneous No, 587-R of 1983 Civil Appeal No, 229 of 1979 Date of Judgment:1983-12-13 Reported As: 1984 SCMR 1049 Result: Petition dismissed Judgment ORDER ' M. S. H. QURAISHI, J.--This civil Miscellaneous petition seeks the restoration of the petitioner's Civil Appeal No, 229 of 1979 which was dismissed on 26-6-1983 for non-prosecution. Admittedly, the petitioner's Advocate-on-Record had received the intimation of the hearing of the appeal, on 23- 6-1983 and he contacted the petitioner's counsel on 25-6-1983, who, thereupon, sent telegraphic intimation to the petitioner on 26-6-1983. Learned counsel urges that the non-appearance was on account of late intimation. Both the Advocate-on-Record and the counsel had received the intimation before the date of hearing and as such at least one of them could have appeared or if that was not possible, at least the Court could have been informed of the difficulty and adjournment sought. There was thus clear negligence. No sufficient ground has been shown for restoration. The petition is, therefore, dismissed.