Law: Civil Procedure Code (V of 1908)

Section: S.115,O.XLI,R.19

Law: Limitation Act, 1908

Section: 5

Civil Procedure Code (V of 1908) --- ----O. XLI, R. 19---Limitation Act (IX of 1908), S. 5---Appeal dismissed in default---Restoration of---Limitation---Condonation of delay---Petition for restoration of appeal was dismissed being time barred---Contention of applicant was that due to illness he could not file petition for restoration of appeal within time---Validity---Applicant and his counsel after filing of appeal did not take interest in proceeding with the matter---Petition for restoration of appeal was moved with delay of fifty days along with an application for condonation of delay---No affidavit of counsel had been filed with the application for restoration of appeal---Alleged medical certificate filed along with the petition was manipulated one---Neither counsel for appellant nor any person as attorney appeared to satisfy the Court that appellant was vigilant in pursuing his case with due care---Counsel for the appellant could himself file application for restoration of appeal with his own affidavit in time---Appellate Court was justified to pass the impugned order for dismissal of appeal for non-prosecution---Delay of each and every day had not been accounted for---Law did favour disposal of cases on merits but it would help the vigilant and not the indolent---No illegality had been committed by the Appellate Court while passing the impugned order---Revision was dismissed, in circumstances. THIS JUDGMENT DELIVERED BY: KHADIM HUSSAIN M. SHAIKH, J.---- The captioned revision application is directed against order dated 11.10.2017, passed by the learned 1st Additional District Judge, Kotri, dismissing the application under Section 5 of Limitation Act dated 20.4.2017 and application under Order XLI, Rule 19, C.P.C. dated 21-04-2017, seeking restoration of the Civil Appeal No.07 of 2014, re-Alam Zeb v. Province of Sindh and others, which was dismissed for non-prosecution, vide order dated 01-02-2017. 2. It is inter alia contended by the learned counsel for the applicant that the subject appeal filed by the applicant was fixed for hearing on 01-02-2017, but the applicant and his counsel could not appear before the learned Appellate Court on 01.02.2017 with…

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