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1975 SCMR 86

Haji MUHAMMAD SHARIF vs SETTLEMENT AND REHABILITATION COMMISSIONER,

Citation1975 SCMR 86
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No, 319 of 1973
Date1974-06-05
Judge(s)Hamoodur Rahman, Muhammad Gul
ResultPetition rejected.

ORDER

1. ' HAMOODUR RAHMAN, C. J.-This is a miscellaneous application in Civil Petition for Special Leave to Appeal No, 319 of 1973 (Haji Muhammad Sharif v. The Settlement and Rehabilitation Commissioner, Rawalpindi and others) which was dismissed for default on the 14th of March 1974, on the ground that neither the learned counsel nor the learned Advocate-on-Record was present.

2. The present application is for restoration of the petition for special leave to appeal on the ground that the learned Advocate-on-Record seriously fell ill and, therefore, could not attend the Court on 14-3-74. There is nothing in the application to show as to why the learned counsel appearing in the case could not be present on the said date, nor is there any explanation as to why the clerk of the learned counselor of the learned Advocate-onRecord could not make arrangements to have the matter mentioned in Court. It appears that this petition was first passed over and then re-called after; all other petitions on the list had been disposed of after sending word to the office of the learned Advocate-on-Record. It seems that neither the learned Advocate-on-Record nor the learned counsel took any care to have the proceedings in Court watched, even after they had been duly notified of the pendency of the proceedings.

3. ' In the circumstances, we see no justification at all to restore the matter. The Court could not have shown greater indulgence before dismissing the petition on the 14th March 1974.

4. ' The application is accordingly rejected. Petition rejected.

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