SHAH MUHAMMAD vs DEWANA And Other
This matter came before the Supreme Court of Pakistan as an appeal filed by the appellant, Shah Muhammad, against the respondents, Dewana and others. The proceedings were marked by the absence of the appellant and any legal representation on his behalf. During the hearing, counsel for the respondents informed the Court that the underlying dispute between the parties had been resolved through an out-of-court settlement. Given the appellant's failure to appear or pursue the matter, the Court addressed the procedural status of the case. Consequently, the Supreme Court dismissed the appeal due to non-prosecution. The Court made no order regarding costs, effectively concluding the litigation based on the appellant's lack of interest and the reported settlement between the parties. This decision reinforces the principle that the Court will not entertain appeals where the appellant fails to attend or prosecute the matter, particularly when the underlying dispute has been resolved privately by the parties involved.
- Can an appeal be dismissed by the Supreme Court for non-prosecution if the appellant fails to attend?
- Does the Supreme Court dismiss an appeal if the parties have reached an out-of-court settlement?
ORDER
1. ABDUL QADIR SHAIKH, J.--Neither the appellant nor any one on , his behalf has cared to attend.
2. According to learned counsel for the respondents the dispute in the case has been settled outside the Court. The appeal is however, dismissed for non-prosecution, with no order as to costs.