Orders granting repetitive adjournments.

 

Orders granting repetitive adjournments with warnings of "last and final" and "absolute last and final" opportunity


2023 SCMR 636

SUPREME COURT

IMRAN AHMAD KHAN NIAZI Versus Main MUHAMMAD SHAHBAZ SHARIF

The Supreme Court of Pakistan dismissed the petitions for leave to appeal filed by the petitioner, Imran Ahmad Khan Niazi, challenging the orders of the trial court and Lahore High Court, which struck out the right to defense of the petitioner due to his failure to comply with the court's order to answer interrogatories in a defamation suit filed by the respondent, Main Muhammad Shahbaz Sharif.

Key Legal Issues:

• Jurisdiction under Article 185(3) of the Constitution of Pakistan

• Conduct of petitioner affecting the grant of leave to appeal

• Effect of contumacious conduct on court proceedings

• Compliance with procedural rules under Civil Procedure Code (CPC)

• Striking out defense for non-compliance with court orders

• Interpretation of procedural rules and penal provisions

Holding:

The Supreme Court found that the conduct of the petitioner remained willfully contumacious and disobedient throughout the trial court proceedings, justifying the trial court's order to strike out the petitioner's right to defense for failing to answer the interrogatories. The trial court did not commit any illegality or material irregularity in making that order, and therefore, the petitions for leave to appeal were dismissed.


Reasoning:

• The discretionary jurisdiction under Article 185(3) considers the conduct of the petitioner.

• The petitioner exhibited a pattern of contumacious conduct by causing inordinate delays at different stages.

• The trial court provided sufficient opportunities to submit answers which were ignored, followed by repeated requests for adjournments.

• The trial court’s order to strike out defense was in compliance with Rule 21 of Order XI of the CPC.


**Petitions for leave to appeal dismissed**,

Leave to appeal refused


RAJA ZAHOOR LAW CHAMBER

Location: H3M8+CW7, N-5, Lalazar, Rawalpindi, 46000, Pakistan

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