Pakistan Case Law
1986 SCMR 135(2)

MUHAMMAD SAEEDUR REHMAN And Others vs D.S.C. JHELUM And Other

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Citation1986 SCMR 135(2)
CourtSupreme Court of Pakistan
Case No.(Show-cause notice) Civil Appeal No. 153 of 1975
Date1985-10-07
Judge(s)Nasim Hasan Shah, Aslam Riaz Hussain, S. A. Nusrat
ResultAppeal dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter comes before the Supreme Court of Pakistan upon a show-cause notice issued to the appellants due to the death of their Advocate-on-Record, specifically addressing their failure to deposit the required security and to show cause why the appeal should not be dismissed for non-prosecution. No appearance was made on behalf of the appellants in response to the notice. The core legal question concerned the consequence of failing to comply with procedural requirements and directives of the court following the demise of the appellant's counsel. The court held that in the absence of any appearance or compliance in response to the show-cause notice, the appeal must be dismissed. The key principle laid down is that an appeal is liable to be dismissed for non-prosecution when the appellants fail to respond to court notices regarding procedural defaults such as non-payment of security after the death of their authorized counsel.

Questions settled in this judgment
  • What is the consequence of failing to respond to a show-cause notice regarding the non-deposit of security after the death of an Advocate-on-Record?
  • Can an appeal be dismissed for non-prosecution when no one appears on behalf of the appellants in response to a court notice?
dismissal for non-prosecutionshow-cause noticeadvocate-on-recordsecurity depositsupreme court practice

ORDER

1. ASLAM RIAZ HUSSAIN, ACTG. C.J.--The show-cause notice was issued to the appellants, as their Advocate-on-Record had died, for not depositing the security and informing them why the appeal should not be dismissed for non-prosecution. No one has appeared in response to the show-cause notice. Accordingly, the appeal is dismissed ford non-prosecution but with no order as to costs.

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