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(a) Supreme Court Rules, 1980

O. XIV, r. 4(1)--Default occurring in preparation or completion of record-Practice and procedure stated.-[Practice and procedure).

Whenever a default occurs in the preparation or completion of the record, the Registrar is required to call upon the appellant to show cause at a time to be specified in the summons why the leave to appeal should not be rescinded for the default being committed in completing the record. In case, no satisfactory reply is given to the said notice, a final show cause notice should be issued by the Registrar to the appellant to show-cause before the Court why leave to appeal should not be rescinded, whereupon the matter should be placed before the Court for such directions as justice may require in the case.

In practice, the appellant may be apprised of the default by the Registry and asked to remove it within a specified lime, failing which, without any further reminders, the Registrar should issue a notice to the appellant to explain his default, and if no explanation is offered or if the explanation offered is in the opinion of the Registrar unsatisfactory, the Registrar should issue a summon to the appellant calling him to show cause before the Court why the leave to appeal should not be rescinded and the batter placed before the Court to make such orders as justice may require In the case

(b) Constitution of Pakistan (1973)

- Art. 185(3)-Advocate-on-Record for petitioner stating that few respondents, whose addresses were not supplied so far, despite issuance of six reminders and two show-cause notices, may be deleted from record as they were not necessary party - Order passed by Supreme Court accordingly.

Date of hearing - 29th April, 1984,

ASLAM RIAZ HUSSAIN, J.-Mr. Abdul Samad Khan, A. O. R., states, that respondents Nos. 4, 9, 12, 16, 18, 19 to 37, whose addresses have not been supplied so far despite issuance of six reminders and two show-cause notices, may be deleted from the record, as they are not necessary parties. Order accordingly. The appeal is now complete and may be put up for hearing on its turn.

In this case, the first notice to make up the default was issued on 31-10-1981 and, thereafter, reminders were issued on 18-4-1982 and on 13-10-1982, but to no effect. Thereafter, a show-cause notice was issued on 14-5-1983, which also proved unavailing. Even then, the case was not put up before the Court but three further reminders were issued on 10-10-1983, 23-10-1983 and 1-2-1984. As no response was made to the said reminders, another show-cause notice was issued on 14-2-1984. But that, too, was treated with disdain. In desparation, the office has now put up the case before us.

We observe that the office issued six reminders and two show-cause notices before placing the matter before the Court. The provision relevant in the matter, namely, rule 4(i) of Order XIV of the Supreme Court, Rules, 1980 provides :

"Where the appellant fails to have the record . prepared with due diligence, the Registrar shall call upon him to explain his default and if no explanation is offered or if the explanation offered is in the opinion of the Registrar, unsatisfactory, the Registrar may issue a summon to the appellant calling upon him to show cause before the Court at a time to be specified in the said summons why the leave to appeal should not be rescinded. The respondent shall be entitled to be heard before the Court in the matter of the said summons and to ask for his costs and such other relief as he may be advised. The Court may, after considering the matter of the said summons, rescind the grant of leave to appeal, or give such other directions as the justice of the case may require."

According to this provision, whenever a default occurs in the, preparation or completion of the record, the Registrar is required to cal 'l upon the appellant to show cause at a time to be specified in the summons why the leave to appeal should not be rescinded for the default being, committed in completing the record. In case, no satisfactory reply is given to the said notice, a final show-cause notice should be issued by the Registrar to the appellant to show cause before the Court why leave to appeal should not be rescinded, whereupon the matter should be placed before the Court for such directions as justice may require in the case.

In practice, the appellant may be apprised of the default by the Registry and asked to remove it within a specified time, failing which, without any further reminders, the Registrar should issue a notice to the appellant to explain his default, and if no explanation is offered or if the explanation offered is in the opinion of the Registrar unsatisfactory, the Registrar should issue a summon to the appellant calling him to show cause before the Court why the leave to appeal should not be rescinded and the matter placed before the Court to make such orders as justice may require in the case.

M. Z. M. Order according.

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