Law:

Section:

Civil Procedure Code (V of 1908)-------O. XLI, R.19---Constitution of Pakistan, Art.185(3)---Dismissal of application for re-admission of appeal dismissed for default---Names of two counsel were duly printed in the cause list, but no one appeared before the court---Even after dismissal of appeal in default no efforts were made to enquire about the fate of the case---On coming to know about the dismissal of appeal and after obtaining certified copy of order of the High Court, they kept quiet for another 20 days without offering delay of each day for not approaching the court within period of thirty days as stipulated under the Limitation Act, 1908---Facts had revealed that the petitioner had not been pursuing the remedy diligently as no immediate steps were taken for getting the appeal re-admitted after obtaining the certified copy of order---Limitation would create right in favour of the other side and law always would favour those who were vigilant and not those who were negligent in pursuing their remedy---No exception in circumstances could be taken against order of the High Court---Petition for leave to appeal was dismissed. Seth Shivrattan G. Mohatta and another v. Messrs Mohammadi Steamship Co. Ltd. PLD 1965 SC 669 ref. Mian Abdul Ghaffar, Advocate Supreme Court for Petitioner. Nemo for Respondent: `ORDER IFTIKHAR MUHAMMAD CHAUDHRY, C.J.---Petitioner's FAO No. 10 of 2008 pending on the file of defunct Islamabad High Court has been dismissed on 23rd April, 2009. An application for re-admission of the appeal in terms of Order XLI, Rule 19 read with section 151, C.P.C. was filed on 18th November, 2009 with the explanation that petitioner had no knowledge about the. fixation of the case before the learned High Court on 23rd April, 2009 and such knowledge was gained on 23rd October, 2009, therefore, application for obtaining certified copy of the order of dismissal of appeal dated 23rd October, 2009 was filed which was supplied on 28th October, 2009, as such appeal be restored. Learned High Court vide impugned judgment dated 26th March, 2010 declined to re-admit the appeal as such instant petition for leave to appeal has been filed before this Court. 2.…

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