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Civil Petition for Special Leave to Appeal No. 308 of 1982, decided on 9th June, 1982.
-----O. XVII, r. 3-Adjournment-Petitioner's counsel found to have obtained a week's adjournment on last date of hearing on an oral request-Counsel however, not even bothering on subsequent date of hearing to make a formal application for adjournment and considering it sufficient to send a certificate regarding death of his uncle on such day-Such certificate, held, could not be treated as an application for adjournment-Petition dismissed for non-prosecution.
Ch. Habibullah Khan, Advocate Supreme Court with M. A. Qadri, Advocate-on-Record for Petitioner.
Respondents in person.
Date of hearing : 9th June, 1982.
It is 10-15 a.m. The case has been called out. Neither the petitioner, nor his counsel nor the A. O. R. nor any one on behalf of the counsel or the A. O. R. has appeared to press the petition while Dilawar and Muhammad Bashir respondents are present in person. The Court Associate, has however, handed to us a "certificate" which he informed us, has been given to the Court's Librarian by the Munshi of the petitioner's counsel. It reads as follows: -
"Certified that uncle of the undersigned counsel is dead today at Rawalpindi, hence undersigned is unable to attend the Court today 9-6-1982, request for fortnight adjournment."
(Sd.)
Capt. Ch. Habibullah Khan
The above-named respondent pointed out that even on the last date of hearing the petitioner's counsel had obtained as adjournment and that this bad been his conduct throughout in the proceedings before the High Court.
2. We notice that the petitioner' counsel had, indeed, obtained a week's adjournment on the last date of hearing (i. e. on 31-5-1982) on an oral request made by him. But this time he has not even bothered to make a forma application for an adjournment and has considered it sufficient to send a certificate' through his munshi. We are afraid we cannot treat his certificate as an application for adjournment and are constrained to dismiss the petition for non-prosecution, Ordered accordingly.
Order accordingly.
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