Law: Constitution of Pakistan, 1962

Section: 98

Law: Civil Procedure Code (V of 1908)

Section: 3,4

Constitution of Pakistan (1962)-----   ----Art. 98 read with Civil Procedure Code (V of 1908), O. IX, rr. 3 & 4-Writ petition dismissed in default-Request on same day for restoration usually accepted in absence of special reasons-Explanation for non appearance should be given not only by party concerned but his Advocate as well-Two counsel engaged in case-Explanation to be submitted by both.   Date of hearing : 3rd February 1966. (Motion)  ORDER   INAMULLAH KHAN, C. J.-The writ petition giving rise to the present appeal was dismissed on the same day by the same learned Judge as W. P. No. 1798-R of 1962. Both the writ petitions, giving rise to L. P. A. No. 394 of 1965, which we have already disposed of today, and the present one, relate to the same property. This order should be read along with the order that we have passed in L. P. A. No. 394 of 1965.   We propose to deal only with the circumstances ofthis case as to why we are not inclined to interfere with the discretion of the learned Single Judge refusing to restore the writ petition dismissed in default.   The ground for the restoration of the writ petition isthat Mr. Saeed Akhtar, the learned Advocate for the appellant, was busy before Mr. Justice Ortcheson and when the case was called before the learned Single Judge the petitioner (appellant in the present appeal) went to inform him (Mr. Saeed Akhtar). It took him (appellant) about three to five minutes to come back to the Court-room of the Learned Single Judge when he learnt that the writ petition was dismissed in default. On this ground it was submitted that the absence of the petitioner or his counsel was not deliberate.   In order to consider the question whether there wassufficient cause or not, we would reproduce the order of the learned Single Judge, which runs as under :   "I see no reason to restore the case as no intimation was given to the Court by any person on behalf of the learned counsel that he is busy in another Court and would be appear ing in this Court when free from there. The client or the learned counsel's clerk did not appear at all. The application is dismissed."   In…