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2023 SCP 147, PLJ 2023 SC 475, 2023 SCMR 1174

Mehtab Publication (Pvt.) Ltd vs Pakistan Electronic Media Regulatory

Citation2023 SCP 147, PLJ 2023 SC 475, 2023 SCMR 1174
CourtSupreme Court of Pakistan
Case No.C.M.A No.9009/2022 in Civil Petition No.361 of 2020
Date2023-05-26
Judge(s)Syed Mansoor Ali Shah, Syed Hasan Azhar Rizvi
ResultApplication Dismissed

ORDER

Syed Mansoor Ali Shah, J.- This is an application for restoration of the titled petition, which was dismissed for non-prosecution on 04.10.2022. The sole ground taken in the application is that the petitioner, as well as, the learned counsel for the petitioner did not receive any information regarding the fixation of the case on 04.10.2022.

2. It is clarified that the process of informing the Advocates regarding fixation of case is through the supply of the cause list to the respective Advocate-on-Records (AORs) under Order IV, Rule 19 of the Supreme Court Rules, 1980 ("Rules"). Otherwise, informally as a matter of tradition and by way of standing practice, the cause lists are also put up in the Bar Rooms and SMS messages are also sent to the learned Advocates by the Court. However, the procedure covered by the Rules is the supply of cause list to the AORs. In case of a petitioner in person, notices are served to the petitioner under Order III, Rule 9 of the Rules.

3. The instant application does not agitate that the above procedure was not followed. In addition, copy of the cause list has not been placed on record to show that the case or the name of learned counsel did not appear therein. Further, the application states that the AOR failed to inform the learned counsel, as well as, the petitioner about fixation of the case, however, it does not furnish any reason as to why the AOR, who had knowledge of the fixation of the case, failed to appear in the case himself. There is no affidavit filed by the AOR affirming the facts mentioned in the application.

4. For the above reasons, there is no sufficient ground for allowing the titled application, which is accordingly dismissed.

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