BEHRAM KHAN vs GOVERNMENT OF BALOCHISTAN And Other
This matter comes before the Supreme Court of Pakistan upon a show-cause notice issued to the appellant's Advocate-on-Record. The core legal question concerns the grant of further time to the appellant's counsel to contact clients and comply with procedural requirements, and whether the appeal should be dismissed for non-prosecution upon failure to do so. The Court held that no further time should be granted and accordingly dismissed the appeal for non-prosecution, while observing that the Advocate-on-Record may request for the revival of the appeal if instructions are subsequently obtained. The key principle laid down is that the Supreme Court may dismiss an appeal for non-prosecution when a request for adjournment or extension of time is refused, subject to a potential subsequent application for revival upon obtaining instructions.
- Whether the Supreme Court can dismiss an appeal for non-prosecution when the appellant's counsel fails to proceed?
- Can an appeal dismissed for non-prosecution be revived upon a subsequent request by the Advocate-on-Record after obtaining instructions?
ORDER
1. Learned A.O.R. For the appellant appears in response to the show-cause notice and prays for two months time to contact his clients and to do the needful.
2. We are not inclined to grant any further time and dismiss the appeal for non-prosecution. However, if the A.O.R. Succeeds in seeking instructions he may request for revival of the appeal.