' SALEEM AKHTAR, J.---The petitioner seeks leave to appeal against the order passed by the learned Judges of the High Court whereby his application for restoration of the writ petition dismissed for non-prosecution was rejected.
2. The petitioner had filed the writ petition challenging his conviction by the Military Court which was confirmed on 18-10-1976 imposing life imprisonment for the murder of Ex-Hay. Zulfiqar Khan.
He seems to have served out the sentence. He filed the writ petition in the year 1979. It was dismissed for non-prosecution on 4-5-1991. In the application it was alleged that the petitioner received the summons from the High Court on 11-5-1991 whereas the hearing was fixed on 4-5-1991 and therefore he could not attend the Court. The learned Judges were of the view that although the petitioner was absent, he was represented by a senior counsel, who should have attended the Court and no valid explanation has been offered for his absence. The petitioner has stated that he had taken away the file from the learned counsel and therefore he did not appear on the date of hearing. The learned Judges have taken note of the fact that cause list was issued and the advocate had full notice of the date of hearing and it was his duty to pursue the case. Even in cases where the papers have been taken away by the client, it is the duty of the advocate to appear on the date of hearing till such time he withdraws his power or it is cancelled according to rules by the client. The impugned order does not suffer from any illegality, irregularity or want of jurisdiction. The petition is dismissed.