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1987 SCMR 1145(2)

ABDUL MAJID And Another vs SARDAR ALI

Citation1987 SCMR 1145(2)
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 357 of 1980 Regular Second Appeal No. 814 of 1979
Date1987-04-08
Judge(s)Nasim Hasan Shah, Muhammad Afzal Zullah, Saad Saood Jan
ResultOrder accordingly

ORDER

1. NASIM HASAN SHAH, J.--By this petition, the petitioners have challenged the unanimous decision of the three Courts below whereby their alleged preferential right to pre-emption was negatived.

2. This petition was instituted in March, 1980 and came up for hearing on the 23rd February, 1987.

3. However, at the request of the petitioners' counsel the petition was adjourned to 25-2-1987. On the adjourned date of hearing (25-2-1987) the petitioners' learned counsel again sought an adjournment on the ground that the copy of the plaint, which he wanted to present before the Court and for which purpose he had earlier sought the adjournment, could not be obtained and he wanted some more time to obtain it. The case was, accordingly, adjourned to 10-3-1987 but it was observed in the order passed on that date that no further adjournment would be granted.

4. On 10-3-1987 when the case came up for hearing counsel for the petitioners again sought an adjournment on the ground that he was unable to contact the petitioners and was, therefore, not able to get the copy of the plaint. The case was accordingly again adjourned to the second week of April, 1987 but it was clearly stated in the order passed on 10-3-1987 that this would be the "last adjournment".

5. Today when the case came up again after nearly 5 weeks the petitioners' counsel again prayed for adjournment saying that he was A still unable to contact the petitioners.

6. It is manifest that in view of the facts stated above no further adjournment can possibly be granted.

7. Dismissed for non-prosecution.

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