FAKHAR NAWAZ vs ADMINISTRATIVE SECRETARY/SENIOR MEMBER BOARD OF REVENUE, PESHAWAR O

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FAKHAR NAWAZ VS ADMINISTRATIVE SECRETARY/SENIOR MEMBER BOARD OF REVENUE, PESHAWAR O. IV, Rr. 6, 15, 23 & 24---application for restoration of Civil Petition dismissed for non-prosecution---Violation of the Supreme Court Rules, 1980---Change of advocate on Record (aOR) and advocate Supreme Court (aSC) without consent of the earlier aOR or permission of the Court---Contents of the present restoration application, as well as, the submissions made by the counsel fail to meet the requirement of the Supreme Court Rules, 1980---Restoration application is not only silent regarding the legal requirements mentioned in the Supreme Court Rules, 1980 but is also in violation of the same---Restoration application fails to show how the present aSC has appeared in this case without the instructions of the earlier aOR as required under Rule 6 of Order IV of the Supreme Court Rules; the application does not disclose as to why the application was not filed by the earlier aOR as per Rule 15; how did the petitioner authorize and how did the new aOR file his power of attorney without the consent of the earlier aOR or without the leave of the Court as required under Rule 23; it is also not clear as to how the earlier aOR has been removed as no aOR can withdraw from the case without the leave of the Court as provided under Rule 24---Neither the petitioner, the aOR nor the aSC have bothered to pay any heed to the Supreme Court Rules, 1980 before filing the present application---application being in flagrant disregard of the Supreme Court Rules, 1980 was not maintainable, and therefore, was dismissed with costs of Rs.20,000/- for being frivolous and having wasted the time of the Court.

FAKHAR NAWAZ vs ADMINISTRATIVE SECRETARY/SENIOR MEMBER BOARD OF REVENUE, PESHAWAR O — 2023 SCMR 1128 SUPREME-COURT

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