Law:

Section:

Civil Procedure Code (V of 1908)-------O.XLI, R.19---Limitation Act (IX of 1908), S. 5 & Art. 168---Constitution of Pakistan, Art. 185(3)---Application for re-admission of appeal dismissed for want of prosecution---Delay of one (1) year and ten (10) days, condonation of---Petitioner's plea that limitation and condonation of delay being matters of technicalities were liable to be ignored by courts while administering justice---Dismissal of such application by High Court---Validity---Petitioner had not particularized in application for condonation of delay by raising any plausible ground or disclosing date and day of his knowledge about dismissal of appeal---Such an indolence would cultivate a right in opposite party, which could not be lightly dislocated, to maintain judicial balance---Supreme Court repelled such plea and dismissed petition for leave to appeal. Anwar Khan v. Fazal Manan 2010 SCMR 973 distinguished. Ghulam Farid Sanotra, Advocate Supreme Court for Petitioner. Nemo for Respondents. Date of hearing: 17th June, 2011. ORDER MUHAMMAD SAIR ALI, J.---Seeking leave against the impugned judgment dated 15-4-2008 dismissing petitioner's application for restoration of his R.S.A. No. 27 of 1993 dismissed for non-prosecution, the following facts were admitted by the learned Advocate Supreme Court for the petitioner that; (i) RSA No. 27 of 1993 was dismissed for non-prosecution on 22-6-2006. (ii) Application for restoration thereto was made after the period of limitation on 12-4-2008 with a delay of about one year and ten months. (iii)…

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