Pakistan Case Law
1997 SCMR 1338

ABDUL WAHID vs Syed Haji ABDUL WADOOD

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Citation1997 SCMR 1338
CourtSupreme Court of Pakistan
Case No.C.R. No. 169/95
Date1996-05-13
Judge(s)Saiduzzaman Siddiqui, Raja Afrasiab Khan and Muhammad Bashir Khan Jehangiri
ResultPetition dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter arises from a petition for leave to appeal before the Supreme Court of Pakistan, titled Abdul Wahid v. Syed Haji Abdul Wadood. An application for adjournment was submitted via telegram on behalf of the petitioner's counsel, citing serious family problems, while both the counsel and the Advocate-on-Record failed to appear at the hearing. The core legal question addressed is whether an adjournment sought through a telegram, in violation of notified practice requiring the presence of the Advocate-on-Record, warrants acceptance and whether a petition should proceed in the absence of representation. The court held that the adjournment request sent via telegram must be rejected in accordance with the cause list notification prohibiting such applications and requiring the Advocate-on-Record to be present. Consequently, the Supreme Court dismissed the petition for non-prosecution and vacated the prior stay order, establishing the principle that non-compliance with court notification regarding counsel appearance and unauthorized adjournment requests results in dismissal for non-prosecution.

Questions settled in this judgment
  • Whether an application for adjournment sent through telegram can be entertained when the counsel and Advocate-on-Record are absent?
  • What is the consequence of the non-appearance of both the counsel and the Advocate-on-Record at the hearing of a petition?
  • Can a stay order be vacated upon the dismissal of a petition for non-prosecution?
adjournmentnon-prosecutiondismissal of petitionabsence of counselSupreme Court procedure

ORDER

1. There is an application sent by Mr. M.W.N. Kohli, Advocate-on--Record, for the petitioner through E.x for adjournment on the ground that Syed Ayaz Zahoor counsel for the petitioner is unable to attend the Court due to his "serious family problems". It has been notified for all concerned in the cause list that no application through E.x will be entertained and in case the counsel is unable to appear before the Court the Advocate-on-Record, must be present on the date of hearing. The counsel as well as the Advocate-on-Record, are absent. The requests for adjournment received through E.x is rejected.

2. The petition is dismissed for non-prosecution and stay order dated 4-9-1995 is vacated.

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