MUHAMMAD RAZIK vs MUHAMMAD SARDAR and others

This matter came before the Supreme Court of Pakistan in the form of a petition for leave to appeal. The core legal question concerned the procedural consequence of a petitioner's failure to provide instructions to their legal counsel despite attempts to establish contact. The court was presented with evidence, including a copy of a letter and postal receipt, demonstrating that the petitioner's Advocate-on-Record had made diligent efforts to communicate with the client but remained without instructions. Consequently, the learned counsel was compelled to plead no instructions before the court. The court's decision was to dismiss the petitions for non-prosecution. The key principle laid down is that where a petitioner fails to maintain contact with their legal counsel or provide necessary instructions for the prosecution of their case, the court is justified in dismissing the petition for non-prosecution due to the petitioner's failure to pursue the matter diligently. This ensures the efficient administration of justice and prevents the docket from being clogged by inactive or abandoned litigation.