| Citation(s) |
|---|
| 2025 SLG 4997 2025 SLD 4997 = 2025 SHC 3191 |
Civil Revision No.30/2022
ARSHAD HUSSAIN KHAN, J.
Applicant: Through Mr. Habibullah Chanio, Advocate
Respondent: Through Mr. Zafar Iqbal Dutt, Advocate. Date of Hg & Order 14.10.2025
[Rao Naseem Tahsin
VS
. Warisul Haque]
Law: Code Of Civil Procedure, 1908.
Section: Order 41 Rule 19,151,115
Law: Constitution of Pakistan, 1973
Section: 10-A
Summary:
The applicant filed a Civil Revision challenging the dismissal of his Civil Appeal No.186/2017 and the subsequent rejection of his restoration application under Order 41 Rule 19 CPC and Section 151 CPC. The appeal originally arose from Civil Suit No.748/2016 for recovery of Rs.41,70,000/-, which was dismissed. The court found that the applicant repeatedly failed to prosecute his appeal, sought adjournments without valid cause, and displayed dilatory conduct. The High Court held that the appellate court acted correctly, no illegality or procedural defect was shown, and restoration of the appeal could not be granted. The revision was dismissed.
Sections / Legal Provisions Used:
Order 41 Rule 19 CPC – Recall / restoration of dismissed appeals.