When notice under section 17(3) of the Code is given to the parties then parties in general and the relevant party to whom notice has been issued is fully cognizant of the fact that if on the said date, compliance of the order is not made then penal provision of the Code would follow. If it is held that despite issuance of the notice when parties are not in attendance instead of proceeding with in the light of previous date notice, the case is required to be dismissed for non-prosecution, would amount to abolish and finish the rationale behind the jurisprudence of issuance of the notice on preceding date. This Court has come to the conclusion that when a notice was issued on previous date then on the said/coming date the first step liable to be taken by the Court is to proceed with the matter in the light of already issued notice and thereafter proceed with the matter on any other account.
Civil Revision No. 315 of 2018
Muhammad Imran Khan Versus District Judge, Islamabad-West, etc.
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