Law: Civil Procedure Code (V of 1908)

Section: 19

  Civil Procedure Code (V of 1908)--- ----O. XLI, R. 19---Counsel and client---Appeal---Re-admission of appeal--Grounds---Negligence of the counsel was not a sufficient cause for the restoration of appeal nor for condonation of delay---Appellant was obliged to be vigilant in prosecution of appeal after engaging a counsel and was not absolved from his duty to see that his appeal was properly and diligently prosecuted-- Appellant failed to contact his counsel after filing appeal and did not try to know as to whether it was being heard or not---Appellant, in circumstances, was guilty of positive mala fides or lack of bona fides and gross negligence and was not entitled to any indulgence. Syed Tufail Hussain and others v. Nafees Fatima 1989 CLC 1163; Zulfiqar Ali v. Lal Din and another 1974 SCMR 162; Rafiq Ahmad Khawaja v. Abdul Haleem 1982 SCMR 1229; Sher Muhammad v. Said Muhammad Shah 1981 SCMR 212; Ahmad Khan and others v. Muhammad Shafi 1981 SCMR 1145 and Mst. Walayat Khatun v. Khalil Khan and another PLD 1979 SC 821 ref. Limitation Act (IX of 1908)--- ----S. 5---Civil Procedure Code (V of 1908), O. XLI, R. 19 --- Condonation of delay---Sufficient cause---Delay in filing petition for re-admission of appeal could be condoned if sufficient cause was shown---Petitioner was grossly negligent and inactive in pursuing his appeal---Valuable right accrued to opposite-party for lapse of time due to negligence or lack of bona fides---Such party could not be deprived of rights accrued to him except where sufficient cause was shown---Application for restoration of appeal dismissed. Muhammad Anwar and others v. The State 1989 SCMR 1381; Muslim Commercial Bank Ltd. v. Adam Khan and others 1987 CLC 2043; G.F. Jacob v. Bashir Ahmed Khan 1984 CLC 1792; Muhammad Ramzan and 4 others v. Settlement Authorities and 2 others 1981 SCMR 194 and Jhanda v. Maqbool Hussain and others 1981 SCMR 126 ref. Khan Iqbal Saeed Alam for Petitioner   ORDER Shah Wali through miscellaneous petition (Civil Miscellaneous No.22 of 1998/BWP) under Order XLI, Rule 19 of C.P.C. sought re-admission of Regular First Appeal No.39 of 1997/BWP., dismissed on 16-10-1997 for non- prosecution. The brief…