- A criminal appeal once admitted for regular hearing cannot be dismissed for non-prosecution — If appellant or his counsel was not present before the Shariat Court when the case was called for hearing this did not relieve the Shariat Court of its duty of perusing record and disposing of the appeal on merits. Muhammad Shabbir v. Muhammad Hussain & others 2002 SCR 351 (A)
- It is correct that law favours adjudication on merits and dismissal for non-prosecution should be an exception and not a rule. While dismissing a suit or application for restoration of the suit the Court should not be very strict to refuse the prayed relief — If a sufficient cause is shown it should proceed to adjudicate on merits rather to dislodge a party on technical grounds. Naseeb Ali v. Muhammad Nazir 2005 SCR 430 (A)
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