Law:

Section:

Limitation Act (IX of 1908)------.----- ------.-------S. 5------.-----Civil Procedure Code (V of 1908), O. IX, R. 9 & S. 151------.-----Restoration of suit------.-----Limitation------.-----Condonation of delay------.-----Proof of absence------.-----Act of counsel------.-----Suit filed by plaintiff was dismissed for non-prosecution on 11-01-2011 whereas application for restoration was filed on 8-06-2011------.-----Plaintiff sought condonation of delay on the ground that he remained under medical treatment for about six months------.-----Validity------.-----No medical record was filed by plaintiff along with his application therefore explanation/justification given by him for filing application after inordinate delay of about five months was not acceptable------.-----Plaintiff was unable to give any explanation for absence of his counsel on the date when matter was called by the Court and suit was dismissed in default------.-----Single Judge of High Court had rightly held that parties were bound by the acts and omissions of their counsel and in case of negligence on the part of counsel, parties could not claim that they were not to be held responsible------.-----On account of dismissal of suit, valuable rights had accrued in favour of defendants which could not be taken away unless justifiable, strong or convincing cause was shown to the Court------.-----Division Bench of High Court declined to interfere in the order passed by Single Judge dismissing the suit for non-prosecution------.-----Appeal was dismissed in circumstances. Muhammad Nawaz and 3 others v. Mst. Sakina Bibi and 3 others 1974 SCMR 223; Zahid Ahmed v. Deputy Director Adjudication and 2 others PLD 2006 Kar. 252 and Khalid Saigal v. National Investment Trust Ltd., and 2 others 1984 CLC 182 rel. THIS ORDER PASSED BY: SYED SAEEDUDDIN NASIR, JUSTICE:------.----- This High Court Appeal is directed against order dated 19.11.2012 passed by the learned Single Judge in Suit No. 1480 of 2007 filed by the appellant against the respondents whereby the learned Single Judge dismissed the application under Order XI Rule 9 read with Section 151, C.P.C. and the application under Section 5 of the Limitation Act…

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