Law:

Section:

This appeal has arisen out of order, dated the 2nd November, 1974, passed by an Additional District Judge of Gujranwala. By the impugned order the learned Additional District Judge had declined to restore an appeal filed by the appellants, Muhammad Tufail and others, against one Din Muhammad, which had been dismissed by him in default.

2.                 Before the appeal was so dismissed, it was pending before the District Judge, GuJranwala. On 23rd - December, 1972, the learned District Judge transferred the appeal to the learned Additional District Judge and directed the parties to appear before him (Additional District Judge) on 5th January, 1973. No one entered appearance before the learned Additional District Judge on the last mentioned date and, therefore, the appeal was dismissed for want of prosecution. The appellants made an application for restoration of the appeal stating that the said date, namely, 5th January, 1973 was not notified by the learned District Judge while making order, in the presence of the parties, with regard to the transfer of the appeal to the learned Additional District Judge and that the direction in respect of appearance of parties before the learned Additional District Judge was added subsequently. The said Din Muhammad, who was respondent in the instant appeal, died during the pendency thereof, whereupon his daughter, Miss Surraya Sultana Butt and others, were brought on the record as his legal representatives.