ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

I^st Appeal No.117 of 2002

___________________________________________________________________ Date Order with signature of Judge

___________________________________________________________________

For order as to non-prosecution of appeal.

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5^th October 2021

No one is in attendance on behalf of the appellant, no intimation is received, whereas, the matter is fixed for orders as to non-prosecution. On the last date of hearing also, appellant and his counsel were called absent, whereas, following order was passed: -

30^th August 2021

No one is in attendance on behalf of the appellant, no intimation is received. On the last date of hearing also, counsel for the appellant was called absent, however, the counsel, Mr.Fazl-e-Ghani, representing the appellant has expired, therefore, office was directed to issue direct notice to the appellant, which appears to have been issued, however, no one is in attendance on behalf of the appellant. It appears that address of the appellant is of Lahore, therefore, as an indulgence, we are adjourning this matter, to be fixed after four weeks, with directions to the office to issue notice to the appellant well before next date of hearing. However, it is clarified that if, on the next date nobody appears on behalf of the appellant instant matter will be dismissed on account of non-prosecution.

Pursuant to the aforesaid order, office has issued direct notice to the appellant, however, neither the appellant nor his counsel is in attendance, whereas, no intimation is received. Record reflects that instant appeal was filed on 28.02.2002 against an order passed by the learned Banking Court No.I at Karachi in Suit No.818 of 1997 on an application under Section 12(2) read with Section 151 CPC filed by the appellant against the judgment and decree dated 14.03.1998, whereby, the application was dismissed after consideration of relevant facts and the law applicable thereto.

Prima facie, the impugned order does not suffer from any patent illegality, which may otherwise require any interference by this Court in the instant appeal. However, since the appellant and his counsel are not coming forward to proceed with the matter, which is pending since 2002 without any useful progress, therefore, this Court is left with no option but to dismiss instant appeal on account of non-prosecution.

J U D G E

*Farhan/PS*