Sh. MUHAMMAD AKHTAR vs MUHAMMAD SIDDIQUE
This matter comes before the Supreme Court of Pakistan as an appeal arising from a civil or criminal dispute between Sh. Muhammad Akhtar and Muhammad Siddique. When the matter was called for hearing, the appellant and his advocate were absent. Based on the report of the process-server and the endorsement thereon, it appeared to the court that the parties had settled their dispute out of court, which likely accounted for the non-appearance. Consequently, the Supreme Court dismissed the appeal for non-prosecution. The core legal question addressed was whether an appeal should proceed when the parties have reconciled and fail to appear. The court held that the appeal stands dismissed for non-prosecution due to the absence of the appellant and the apparent settlement of the dispute between the parties.
- What action does the court take when an appellant and their advocate fail to appear at the hearing of an appeal?
- Does an out-of-court settlement between parties justify the dismissal of an appeal for non-prosecution when the appellant is absent?
ORDER
1. Appellant and his Advocate are called absent. From the report of the process-Server and the endorsement made thereon it appears that the parties have settled the dispute. This might be the reason for non-appearance of the appellant and their Advocates. We, therefore, dismiss this appeal for non---prosecution.