Mst. KANIZ FATIMA vs ADDITIONAL DISTRICT JUDGE, SIALKOT And Other
This matter comes before the Supreme Court of Pakistan by way of an appeal. The core legal question concerns the consequence of the appellant's failure to deposit the required security and make an appearance before the court pursuant to a show-cause notice and subsequent telegraphic notice. The court held that where an appellant fails to appear and cannot be located by the police at the given address, the appeal is liable to be dismissed. The holding of the court is that the appeal stands dismissed for non-prosecution without any order as to costs. The key principle laid down is that appellate proceedings may be terminated for non-prosecution when the appellant fails to comply with court directions regarding security deposits and personal appearance.
- What is the consequence of an appellant's failure to deposit security and appear before the court after receiving notice?
- Can an appeal be dismissed for non-prosecution when the appellant's whereabouts are unknown and they fail to appear?
ORDER
1. The show-cause notice was issued to the appellant for not depositing the security and to appear before the Court on 9-10-1985. No one appeared on that date on behalf of the appellant. A telegraphic notice was issued to the appellant through S.P., Sialkot to locate her and make available today before the Court. Mr. Asghar Ali, A.S.I. Police Post Rangpura has appeared before the Court and states that she is not available at her address. Her whereabouts are also not known.
2. Accordingly the appeal is dismissed for non-prosecution but with no order as to costs.