Law:

Section:

Specific Relief Act (I of 1877)--- ----S.12---Civil Procedure Code (V of 1908), O.XLI, R.19---Suit for specific performance of agreement to sell---Appeal, restoration of---Avoiding of technicalities---Suit was decreed by Trial Court in favour of plaintiff---Appeal filed by defendant was dismissed for non-prosecution and Lower Appellate Court restored the same---Validity---Held, it was not justified to non-suit the appellant when it had come on record that on the fateful day mother of his advocate had expired and he himself was not well---High Court directed Lower Appellate Court to expeditiously dispose of appeal pending before it---Revision was dismissed in circumstances. Noorul Amin and another v. Muhammad Hashim and others 1992 SCMR 1744 and Ch. Akber Ali v. Secretary, Ministry of Defence, Rawalpindi and another 1991 SCMR 2114 rel. THIS JUDGMENT DELIVERED BY: SADIQ HUSSAIN BHATTI, J.--- The applicant, as per averments in the memo of the revision application, has assailed order dated 9-12-2011 passed by the learned IV Additional District Judge, Karachi Central in Civil Appeal No. 109 of 2006 whereby the application under Order XLI, Rule 19 C.P.C. read with section 151 thereof, was allowed and the appeal was restored to its original position. 2. Brief facts of the case are that the applicant filed Suit No.41 of 2003 for specific performance of a contract, possession and injunction against the respondent which was decreed in his favour. The respondent herein filed appeal before the Additional District Judge, Karachi Central which was allowed and the judgment and decree in favour of the applicant was set aside. The applicant approached this Court by filing II-Appeal No.40 of 2005 which was allowed and the matter was remanded back to the trial Court. In the second round of litigation, the trial Court decreed the suit in favour of the plaintiff and the respondent assailed the same before the IV Additional District Judge, Karachi Central in Civil Appeal No. 109 of 2006 which was dismissed for non-prosecution vide order dated 29-7-2010. The respondent filed an application under Order XLI, Rule 19 read with section 151, C.P.C. for restoration of the appeal which was…

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