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Civil Petition for Special Leave to Appeal No. K‑357 of 1984, decided on 27th September, 1984.
‑‑‑Art. 185(3)‑‑Supreme Court Rules, 1980, O.XXXIII, Adjournment‑‑Last day of Court's session‑‑Petitioner's Advocate‑on Record seeking adjournment due to Counsel's illness while himself unable to argue without giving any valid justification‑‑Interim order having been passed to prejudice of respondent, case adjourned but interim order vacated.‑‑[Adjournment].
Shafaat Husain, Advocate Supreme Court (not present) and Faizanul Haq Advocate‑on‑Record for Petitioner.
Date of hearing: 27th September, 1984.
‑‑Learned Advocate‑on‑Record for the petitioner files an application for adjournment on the ground that Mr. Shafaat Hussain learned counsel for the petitioner is unable to attend due to illness. Since ad interim order has been passed by this Court, which is to the prejudice of the respondent, we called upon the learned Advocate‑on‑Record to argue the petition himself but he is unable to do so. We see no valid justification for the inability of the learned Advocate‑on‑Record to argue the case in the absence of the learned counsel for the petitioner. In the circumstances, that today is the last date of the present session of this Court and adjournment of the case would really mean' postponement for nearly one month till the next session, we would not like to continue the interim order dated 16‑7‑1984, any further but in the interest of justice adjourn the hearing to a date' in office. Interim order dated 16‑7‑1984 is vacated and the respondent will be informed accordingly.
M. I. Order accordingly.
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