Law:

Section:

(a) Civil Procedure Code (V of 1908)---.--- ---.---O. XLI, R. 19---.---Appeal, restoration of---.---Limitation---.---Condonation of delay---.---Parties to remain vigilant and pursue their cause properly---.---Court could not allow further time to file an application for condonation of delay to fill the lacuna---.---Applicant having knowledge of delay remained silent for two years without any justification---.---Parties were bound to explain the delay of each day adequately which had created a valuable right in favour of opposite party---.---Application for restoration of appeal was dismissed. (b) Limitation---.--- ---.---Condonation of delay---.---Parties had to explain the delay of each day adequately. (c) Administration of justice---.--- ---.---Parties to remain vigilant and pursue their cause properly. THIS ORDER PASSED BY: SHAHNAWAZ TARIQ, JUSTICE:---.------ Through captioned Civil Misc. Appeal, appellant has impugned the order dated 17.12.2013, passed by the Court of learned II-Additional Sessions Judge, Ghotki, in Civil Appeal No.26 of 2012, whereby application under Order XLI read with section 151, C.P.C. filed by the appellant seeking restoration of said civil appeal, was dismissed. 2. Learned counsel for appellant contended that the impugned order passed by the appellate Court is arbitrary, cursory, coram non judice and passed without application of judicial mind; that counsel for appellant filed statement on 17.12.2013 before the learned appellate Court but without considering the relevant circumstances of the case, application filed by appellant, was declined; that appellate Court had not looked into the case diary and dismissal of appeal on 12.02.2013 in absence of appellant and his counsel was without jurisdiction; that impugned order passed by the appellate Court is liable to be set aside. 3. While controverting the above submissions, learned counsel for respondents contended that learned trial Court has passed a proper order, and appellant has been malafidely agitating the plea that main appeal was dismissed for non-prosecution, while the same was dismissed on merits. Learned counsel for the respondent pointed out that instant civil miscellaneous…

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