Law: Civil Procedure Code (Amendment) Ordinance, 1980

Section: 19

(a) Civil Procedure Code (V of 1908)--- ----O.XLI, R.19---Re-admission of appeal dismissed for default---Scope sought re-admission of appeal dismissed for non-prosecution on the ground that no information/intimation was given to the appellants counsel regarding fixation of the appeal by any mode whatsoevers counsel had failed to append affidavit with the application as it was necessary for him to have filed affidavit to explain his absence but only an official of the appellant had filed an affidavit in routine---Affidavit of the said official was of no avail to the applicant/appellant and he could not depose about the alleged non-receipt of cause list by his counsel---Application for restoration of appeal being devoid of merits was dismissed, in circumstances. Imtiaz Ahmad v. Ghulam Ali and others PLD 1963 SC 382; Salamat Bibi and others v. Settlement and Rehabilitation Commissioner Multan PLD 1966 SC 467; Municipal Committee Rawalpindi through the Secretary Municipal Committee Rawalpindi v. Raja Muhammad Sarwar Khan 1968 SCMR 817; Muslim Commercial Bank Ltd. v. Tariq Saeed and another 2004 CLD 920; Defence Housing Authority through Secretary and another v. Mst. Parveen Akhtar 2017 MLD 899; Shaheen Ahmad Siddiqui v. Muhammad Yaseen Khan and others 2007 YLR 2007; Bahadur v. Jamat Ali and 6 others 1999 MLD 2429; Anwar Khan v. Fazal Manan 2010 SCMR 973; Muhammad Iqbal v. Sardar Khan 2012 MLD 1487; Messrs National And Grindlays Bank Ltd v. Arshad Ali Khalid Qureshi and another PLD 1990 Kar. 436; LT. Col.Mirza Munawar Beg and others v. Mst. Hassan Bibi and others 1981 SCMR 160; Muhammad Rahim through L.Rs and others v. Mst. Sakina Bibi and others 2010 YLR 3025; Syed Zulfiqar Ali Shah v. Habib Bank Limited through attorney and 7 others 2006 CLD 139; Naeem Ullah Khan v. Abdul Muneem Karrak and 3 others 2001 YLR 590; Rex Talkies (Pvt.) Ltd and another v. Samir Oosman and 2 others PLD 2007 Kar. 362 and Iqbal Ahmad Khan v. Muhammad Afzal 2007 CLC 1948 ref. Syed Junaid Akhtar and others v. Managing Director/Chairman and others PLD 2008 SC 130 and Muhammad Siddique and 2 others v. Khan Amir and another 2010 MLD 674 rel. (b) Civil Procedure Code (V of 1908)--- ----O.XLI,…

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