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Civil Appeal No. 99 of 1970, decided on 12th December 1975.
(On appeal from the judgment and order of the High Court, Lahore dated 12th March 1968, in Writ Petition No. 35/S of 1968).
Civil Procedure Code (V of 1908)‑
‑‑‑ O. XVII, r. 1‑Adjournment‑Telegraphic request for adjournment by counsel o n ground of sickness‑Could be acceded to but no justification existed for absence of Advocate‑ on. Record‑‑None of appeals fixed for day disposable for default of appearance by counsel and no work left to keep Court occupied‑‑Appeal, tar circumstances, dismissed for non‑prosecution but with no order as to costs.
Nemo for Appellant.
Riaz Ahmad, Assistant Advocate‑General, Punjab instructed. by Ijaz Ali, Advocate‑on-Record (absent) for Respondents.
Date of hearing : 12th December 1975.
‑A telegraphic request for adjournment has been made by Mr. Nemat Khan, counsel for the appellant, on ground of sickness. We might have acceded to the request, but there is no, justification for the absence of Sh. Abdul Karim, Advocate‑on‑Record for the appellant.
Only three appeals are fixed for today and none of them can be taken up for disposal for default of appearance by the counsel. There is thus no work to keep the Court occupied, for today. This indeed is a sad state of affairs.
The appeal is, in the circumstances, dismissed for non‑prosecution with no order as to costs.
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